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Home My WebLink AboutNovember 8, 2016 - General Municipal Election - Sample Ballo California General Election Tuesday November 8, 2016 Polls Are Open From 7:00 a.m. to 8:00 p.m. on Election Day! VOTERI—L • ' • -10 L Certificate of Correctness SEAL OF ty I, Alex Padilla, Secretary of State of the State of California, do hereby P .'••E�AEK�'''. �� certify that the measures included herein will be submitted to the electors Q;'' �'•y of the State of California at the General Election to be held throughout CZ a W rn the State on November 8, 2016, and that this guide has been correctly x ® O * prepared in accordance with the law. Witness my hand and the Great Seal r r of the State in Sacramento, California,this 15th day of August, 2016. a IFORN'P Alex Padilla, Secretary of State VOTER BILL OF RIGHTS YOU HAVE THE FOLLOWING RIGHTS: The right to vote if you are a registered voter. The right to get help casting your ballot You are eligible to vote if you are: from anyone you choose, except from your • a U.S. citizen living in California employer or union representative. • at least 18 years old • registered where you currently live The right to drop off your completed • not in prison or on parole for a felony vote-by-mail ballot at any polling place in the county where you are registered to vote. The right to vote if you are a registered voter even if your name is not on the list. You The right to get election materials in a will vote using a provisional ballot. Your language other than English if enough people vote will be counted if elections officials in your voting precinct speak that language. determine that you are eligible to vote. The right to ask questions to elections The right to vote if you are still in line when officials about election procedures and the polls close. watch the election process. If the person you ask cannot answer your questions, they The right to cast a secret ballot without must send you to the right person for an anyone bothering you or telling you how to answer. If you are disruptive, they can stop vote. answering you. The right to get a new ballot if you have made The right to report any illegal or fraudulent a mistake, if you have not already cast your election activity to an elections official or ballot. You can: the Secretary of State's office. Ask an elections official at a polling place g On the web at www.sos.ca.gov for a new ballot; or t By phone at (800) 345-VOTE (8683) Exchange your vote-by-mail ballot for a i5D By email at elections@sos.ca.gov new one at an elections office, or at your polling place; or Vote using a provisional ballot, if you do not have your original vote-by-mail ballot. IF YOU BELIEVE YOU HAVE BEEN DENIED ANY OF THESE RIGHTS, CALL THE SECRETARY OF STATE'S CONFIDENTIAL TOLL-FREE VOTER HOTLINE AT(800)345-VOTE(8683). 2 TABLE PAGE QUICK-REFERENCE GUIDE T PROPOSITIONS 1 School Bonds. Funding for K- 12 School and Community College Facilities. Initiative Statute. ................. .. 2 Medi-Cal Hospital Fee Program. Inifiative Constitutional Amendment and Statute. .......................................24 53 Revenue Bonds. Statewide Voter Approval. Initiative Constitutional Arnendnient. .........................................30 4 Legislature. Legislation and Proceedings. Initiative Constitutional Amendment and Statute. 55 Tax Extension to Fund Education and Healthcare. Initiative Constitutional Amendment. ........., 40 56 Cigarette Tax to Fund Healthcare, Tobacco Use Prevention, Research, and Law Enforcement. Initiative Constitutional Amendr;ent and Statute. ........................................... 46 ............................................... 7 Criminal Sentences. Parole. Juvenile Criminal Proceedings and Sentencing. Initiative Constitutional Amendmentand Statute. .............................................................................................................54 8 English Proficiency, Multilingual Education. Initiative Statute. .................................................................60 9 Corporations. Political Spending. Federal Constitutional Protections. Legislative Advisory Question. ................64 60 Adult Films. Condoms. Health Repuiren-ients. Initiative Statute. ..................... ..6 1 State Prescription :drug Purchases. Pricing Standards. Initiative Statute. .......... .... ...72 62 Death Penalty. Initiative Statute. ......................................................................................................78 63 Firearms. Amr;unition Sales. Initiative Statute. ................ ........ ......84 ................................ ..................... 64 Marijuana Legalization. Initiative Statute. ......... ........ ........ 90 ............................ .......... ............................ 65 Carryout Bags. Charges. Initiative Statute. ........................................................................................100 66 Death Penalty. Procedures. Initiative Statute. ........ ...... ...... .......... ...... ...... .......... ...... ...... ......__104 67 Ban on Single-Use Plastic gags. Referendurn. ...................................................................................110 OVERVIEW OF STATE BOND DEBT 114 UNITED STATES SENATE CANDIDATE STATEMENTS 117 TEXT OF PROPOSED LAWS 118 INFORMATION PAGES Voter Bill of Rights.............................................2 Audio & Large Print Voter Information Guides.........16 t ssisfance for voters with isaoi ities............. .......4 Find Your Polling Place......................................16 Voter Registration...............................................4 Elections in California.,...,...,..,. Voter Registration Privacy Information,.......... f' lop contributors to Statewide Ways to Vote......................................................'5 Candidates and Ballot Measures.,.......................J7 €nformaticn About Candidate Sfatements............11G ,ovisional Voting...............................................a Candidates Letter t`rorri the SerretaSecretaryof State..........................6 U.S. P��residential �.............................116 Online Resources........... .......... .......... 6 Gatt=s to Remember........................................—225 Assistance � � Voters � � ~��= Disabilities ��N�� N� ��N�� N�NN N�N��N�N�N�Nes State and federal |aws require polling p|uces to be Physically aooesyib|e to voters with disabilities. County elections Nffiuia!s inspect each site and often make temporary modifica�ionafor E|eution �� Every peryon who *mrks in a polling p|uce is trained in e|eotion |uws and voter riQhts, including the need to make reasonable modifications of policies and procedures to ensure equal access. State and federal !awu require that all voters be able to cast their ballots privato!yand independently. Each polling place must have at least one voting mauhine that aUu�y a|| voteo, ino|udin�thoye whu ane b|ind or visually impaired, to cast a ballot without assistance. Them�in� ma�h|ne permitsvoterytn verify their choices and. if there is an error, allows voters to correct those choices before submitting their baUot. �u�� U� ��NN�� `~~^��~^ ��^ �~~^~~m~^� ~~~~~~�~ Your county sample ballot booklet will: w Describe how persons with disabilities can vote privately and independently * Display a wheelchair symbol ifynur polling place |s accessible to voters w|th disabilities �� UN-�� N�� ^`~ ~~^~ m~�^~~~~m� �~~~~~� If you need help marking your boUot, you may choose up to two people to help you. This person cannot be: • Your employer or anyone who works for your employer • Your labor union leader or anyone- who works for your labor union Cunbskfe voting,allows you to park as close as possible to the voting area. Elections officials will bring you a roster�o sign, a ballot, and any other voting materials YOU may need, whether you are actually at a curb or in a car. Contact your county elections office tosee 'if ourbuidevoting isavai|ab|e at your polling place. Voter Registration � ~ � �~ �� N�� 0��m ��m �� m��mm |fyou have a|ready registered to vote, you do not need to reregister oo&eamyou change your name, home address, mailing address or if you want to change or select a political party. You can register to vote online at R*gisterTb Vote.ca.8nu Or oa|| the Secretary of State's free Voter Hot|ine at (8OO) 345'VOTE (8683) to get a form mailed toyou. Voter registration forms can be found at most pout officeu. libraries, city and county government offiues, county elections offices, and the California Secretary of State's Office. Voter Registration � �~ �� ~ Information �~ �� 0�� 0��m�� 0��n �� Safe at Home Confidential Voter Registration Program- Certain voters facing life-threatening (|.e. domestic :io|ence, stalking victims) situations may qualify for confidential voter status. For more information, contact the Secretary of State's Safe at Home program toll-free at (877) 322-5227 or visit http/Ilu*r�,v.sus,ce.gowfs&�stt'iey/sehe'ho/ne/ Voter Information Privacy: Information on your voter registration affidavit will be used by elections officials to send you ufficiai information on the voting process, such as the location of your polling place and the issues and candidates that will appear on the ballot. Commorcial use of voter registration informotion is prohibited by law and is misdemeanor. Voter information may be provided toa candidate fo, office, a ballot measure committee, or other parson for election, aoho|ar|y' journalistic, political, or governmental purposes, as determined by the Secretary of State. Driver license and social security numbers, o/ your siQnature as shown on you,voter registration card, cannot be released fortheue purposes. If You have any questions about the use of voter information or wish to report suspected misuse ofsuch infurmation' p|ease call the Secretary of State's Voter Hotline at (OOO) 345'VOTE (8683), 4 Sys to Vote Vote by bail a Request a vote-by-mail ballot by November 1. * Return by rinail—rrrust be postmarked on or be ore November 8 and received by your county elections office no later than November 14. * Return in person—to your county elections office or any polling place in your county before 8:00 p.m. on November 8. <e � Vote Early in Person V Some co; reties offer early voting, at a few locations before Election Day. Contact your county elections office to :see if they offer early voting. County contact Inforrrration can be found at: /ittn:/AA%''A1,,A,sos.ca.g vlelectl;Oi?si;.,O-fC)g-rescut"ccsIIcoutity-el'ectiOns-officesX r Vote at the Polls on Election Day Polls are open on Election Day: November 8 from . 33r,to 8.00 .€ The location of your polling ,lace is printed on the bark page of the sarrrple ballot booklet your county elections official mailed to you. YOU can also find your palling place: (r', By calling (800) 34 - OTE (8683" Online at wwwsos.ca,got%'elecf;,)ns coiling-pl,3ce By texting Vote to CCVCTE (468683) rrovisional Voting If your name is riot on the voter list at your polling place; you have the right to vote a provisional ballot. What Is a Provisional Ballot? A provisional ballot is a regular ballot that is placed in a special envelope prior to being put in the ballot box. Who Casts a ProvisionalBallot? Provisional ballots are ballots cast by voters who: • Believe they are registered to vote even though their names are not on the official voter registration list at the polling place. • Vote by nail but did not receive their ballot or do not have their.ballot with them, and instead want to vote at a polling place. Will Idly Provisional Ballot Be Counted? Your provisional ballot will be counted after elections officials have confim-ned that you are registered to vote in that county and you did not already vote in that election, You may vote a provisional ballot at any polling p€ace in the county in which you are registered to vote, however, only the elections contests you are eligible to vote ,or will be Counted, pp ��pp Hoy` Can You Check the status of Your Provisional Ballot? Every voter who Casts a provisional ballot has the right to find Out from their County elections official if the ballot was counted and, if not, the reason why it was not counted. Visit htto.,%/r.1wv,!sos.ca.goUro;octiotis/baliot-statLIsIfor a list of county contacts and information or. how to check the status of your provisional ballot. 5 LIFO �� MW �� of 2state�� = �� =��= �� Dear Fellow Californians, There is no greater right than the right tovote. Through voting' you help select your local, state' and national |eaders, and ensure that your voice is heard'.. The Presidential General Election is fast approaching. | encourage you to participate in Your most fundamental right as a citizen of the United States ofAmerica. This Voter Guide can help you make informed decisions. It inc|udms impartial ono|ysis, arguments in favor and against the many ballot measures, declarations of the candidates, the Voter Bill of Rights, and other important information. All -of the 'information is presented here as reference for you. This guide in also available online on the California Secretary of State vvebsite: w/ww/votorgu/de.sos.ca.gou Please take the time to read the information in this guide carefully aswe approach Election Day. 'if You would like to know who is financing each of the campaigns, you can neerch campaign finance informationat: h/to'ffot,,vecsea/ch.sos.ca.gou/ if you have any questions about how tovote, or how to register tovote, you can contact the office of -the Secretary of State by calling toll-free 1'800-345'VOTE (8683). Tb obtain the contact information Of Your local county elections Officials, You can visit the Secretary of State vvebsiteat: ww/w/sus.ca.goxXcounb+o/ectf;ons-officos. Thank you for your commitment to the future of hnth our state and nation. The Presidential General Election is Tuesday, MovemberB. Your vote is important. Remember that Your vote ioynurvoice. Be heard. VOTE! 6 California General Election Tuesday November 8, 2016 Polls Are Open From 7:00 a.m. to 8:00 p.m. on Election Day! sEpU..�F Th A Y! ® m _ O F T (IFOR" INFORMATION* OFFICIAL VOTER 0 L • Polls are open from 7:00 a.m. to 8:00 p.m. on Election Day. This quick reference guide • Instructions on how to vote can be obtained from contains summary and a poll worker or by reading your sample ballot contact information for booklet. each state proposition • New voters may be asked to provide identification appearing on the * or other documentation according to federal law. November 8, 2016, ballot. You have the right to cast a provisional ballot, even if you do not provide the documentation. • Only eligible voters can vote. • It is against the law to tamper with voting equipment. QUICK �� N0�� N��N�N�� N��0@N��. =�~~ ~ =~~ ~~�~ �~~�~~=� =.~ ~~�� 1PROP SCHOOL BONDS.FUNDING FOR K—I 2 SCHOOL AND P R11 P MEDI-CAL HOSPITAL FEE PROGRAM. 51 COMMUNITY COLLEGE FACILITIES.INITIATIVE STATUTE. SUMMARY SUMMARY Authorizes $9 billion in general obligation bonds for new Extends indefiniteiy an exist statute that imposes feeu on construction and modernization of K-12 pub!icuuhoo| I hospitals bofund Modi'Ca| health care services, care for facilities; charter schools and vocational education tad||tieo/ uninsured patients and uhi|den's hea|th coverage. Fiscal and California COMMUnitV Colleges facilities. Fiscal Impact: Impact: Uncertain fiaoal effect, ranging from relatively little S-a-e costs of about $17.6 billion, to pay off both the I impact to annual state General Fund savings of arouiild principal ($9 bi||ion) and interest ($8.6 billion) on the billion and increased fundinGfor public hospitals in the bonds. Payments of about $500 million per year for low hundreds of millions of dollars annually. 35yeors. VYHAJYOUR VOTE MEANS WHAT YOUR VOTE MEANS �� A YES vot on this �� A N0 vote on this IF�� A YES vot on this �� A NO vote on this � N� �� meayunam�ans� N�0N meayurem�ans� The � 0~ �� m�asuremeany. An N�N@ measure means: An The state uou|d ae|| $9 billion state would not have the 1 existing charge imposed on existing charge imposed on in general obligation bonds authority to sell new 8enera| most private hospitals that is most private hospitals would for education facilities obligation bonds for K-12 I scheduled to end on end on January I, 20I8 ($7 billion for K-12 pub!iu public school and community January 1, 20I8 under unless additional action by school facilities and college facilities. current |awwou|d be the Legis|atu,eextended it. $2 billion furuommunity extended permanently. it college facilities). would be harder for the LeQis|utureto make changes to it. Revenue raised would be used to create state yowin8s, increase payments for hospital services to |mw- income- Californians, and provide grants to public hospitals. ARGUMENTS ARGUMENTS �� Our children Prop. 51 was YES on Proposition 0% Removes all t �� accountability tyandI=R � dese/vesafe N;0N c,eatedfo,Qreedy � � � exens � � schools where they can learn, developers toexploit current state &iedi-Cal oversight of over$3 billion of but many schools and taxpayers for profit. Prop. 51 hoapital fee program, which taxpa� ��do||aru Gives community colleges need stops legislators frorn I generates over$3 biUion a $3 bi||ion to hospital CEOs repairs to meet health and providing fair school funding. year in federal matching with no independent audit safety standards. Prop. 51 Disadvantaged schools areI funds that pay for health care and no requirement the will fix deteriorating schools, left behind, There's no services for chi|dren, seniors money is spent on health upgrade classrooms, and improvement in taxpayer and low-inoume care. Public funds can be provide Job-training facilities accountability. It does Proposition 52 prohibits the spent on lobbyists, perks and fu/veterans and vocational nothing to fight waste, fraud Legislature from diverting this salaries for hospital education. All projects are and abuse. Governor 8m�n mone;fur other purposes bureaucrats instead of auoountab!ato local opposes Pmp. 51. Vote NO without voter appmva|. children and seniors. taxpayers. on5I. FOR ADDITIONAL INFORMATION FOR ADDITIONAL INFORMATION �� N�� N � �� N�� N Yes on Proposition 5I-- �. Rick K8arsha|i Chief Yes on Proposition 52, a George M. Yin Californians for Quality Financia| Ofhoer coalition ofCa||fomia Ca|ifurniansfor Husp�a Sohoo!a Ca||fomia Taxpayers Ao ion Asaooiation of Houpta|s and Ao�ountabi|ty and Qua|ity Nb@c iibm Network Health Systems and Care--Nuun 52. Sponsored 62' Del Empuyeesv�mua|d�nian�o� a|��ho K Chula VistajCAy1QIO organizations. !ntemationa| Union--Uni�ed (31.0) 345-7425 iiifo@vespi-op52.org Healthcare Workers West rick@StopProp5l.org vvwvv.;esprop52,urg 777 S. Figueroa Street, Suite StopProp5I.or8 4050. Los Angeles, CAg00l7 ! (213) 452-6565 | . 8yin@kaui'.,nan|e8a|8mup.oum wvvvv.noon52.uom 8 | qxicx'nuforoncoaviuo ��N0N�� N�N�� N@N�� .��@��. ��N�N@�N~ =�� ~ =~~ ~~�~ �~~�~~=� =~~ ~�~� P REVENUE BONDS.STATEWIDE VOTER APPROVAL. LEGISLATURE.LEGISLATION AND PROCEEDINGS. 53 INITIATIVE CONSTITUTIONAL AMENDMENT. 154 INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. SUMMARY SUMMARY Requi�ss�tew|devoba approval before any revenue bonds Prohibits Legislature fmm bi3 unless published can be issued or sold bv the state for certain projects if the on Interne-for 72 hours bof evot . Requires Legislatureto bond amount exceeds $2 billion. Fiscal! Impact: State and record its pruoeedin po st t Internet. Authorizes use local fiscal ef�otsare unknown and would depend on which of recordings. Fiscal Impact: 0ne�im co sts million to pn�ects are affected by the measure and what actions $2 mi|!ion and ongoingcostsof about $I mi!|ion annually government agencies and voters take |n response to the record legislative meetings and make videos ofthose measure's voting requirement. meetin@s available on the Internet. WHAT YOUR VOTE MEANS WHAT YOUR VOTE MEANS ��N�� A YES vot on this �� ANOmteonthis ��N�� A YES wteonthis KI�� A NO vote on this Y N~�j measure means: NO measure means: State � N~�� measure means: N1�N measure means: Ru|es State revenue bonds totaling revenue bonds could Any bill (including changes to and duties of the Legislature murethan $2 billion fora continue to be used without the bill) would have to be would not change. pnoJectthat is funded, voter approval, made available to legislators owned, or managed by the and posted on the Internet ytatewuu!d require statewide for at least 72 hours before voter approval. the Legislature could pass it. The Legis|atunawou|d have to ensure that its public meetin8s are recorded and make videos ufthuse meetings ava||ab!a on the Internet. ARGUMENTS ARGUMENTS �� Proposit|un 53 �� Prop. 53 erodes �� Prop. 54 stops �� A NO vote N=��N� �equinnaxotor N�N�� |oualcunt�o| by ��NN � ia|-interest N��0N� continues free approval forstate requiring statewide vote on s legislation from Internet &TV access for any me8apmjeots costing over some |uoa| infrastrCture passing either !legislative California citizen to see how $2 billion in state revenue projects. Empower"svoters in house without 72homsf0r laws are made. A NO vote bonds—like the bullet train. faraway regions to reiect your review, Prop. 54 posts all the also prevents special Doesn't impact |uoa| cummunity's needs. Prop. 53 Legislature's public b s interests like tobacco, oil, pmJects. Increases jeopardizes water supply, online, so voters can review and drug companies from transparency so taxpayes bridge safety, other repairs. legislators' public actions. A delaying passage of state knuvvthetrueoust. Holds No exemption for bipartisan coalition ufQoud laws. ANO vote aiyolimits politicians accountable and emerQanoies/disaaL"era. 8ovemment, taxpayer, political ''attaok" ads. stops blank checks. If California P,ofessiona| minority, business, and taxpayers have to pay, they Firefighters, cities, counties, envimnmenta| groups backs should have say! Association ofCa|ifornia Prop. 54. Requires no new Water Agencies urge No on tax money. 53. vvwvv.Nu Prop 53,cum FOR ADDITIONAL INFORMATION FOR ADDITIONAL INFORMATION �� N�� N�� NN�� N � �� NN�� N Yes on 53--Sh0p Blank Checks No on Prop, 53—Californians Yes on 54--Vo ecs First, Not Steven K8avi6iio 925 University Ave. to Protect Local Contro| Special 1nterests, Californians for an Effective Sacramento, CA 95825 |nfo@NoProp53.00m Sponsored by Hold Legislature (9l6) 500-7040 NoPmp53.com Politicians Accountable 1.005 I2th St., Suite |nfu@Stup81ankChecks.com I215 K Street, Suite 2260 Sacramento, CA 95814 wwwYESon53.00m Sacramento, CAg5814 (9-I6) 607-8340 | (915) 325-0055 yteven.mavigiio@ i|.cum | inf mu�YeoP 54.orG www.NuOnPmpusition54.com www./esrmp54.org Vx/ox'nofCwncooviuo 1 9 QUICK �� N0�� N��N�N�� N��0@N��. =�~~ ~ =~~ ~~�~ �~~�~~=� =.~ ~~�� PREVENTION,RESEARCH.AND LAW ENFORCEMENT. PR OP TAX EXTENSION TO FUND EDUCATION AND HEALTHCARE. PROP CIGARETTE TAX TO FUND HEALTHCARE,TOBAC 0 SE 155 INITIATIVE CONSTITUTIONAL AMENDMENT. SUMMARY SUMMARY Extends bytweke years the tam | income tax Increases cigarette $200 per pack, with eqUivaler increases enacted in 20I2 on earnings over$25O'0DU. with increase on other tobacco products and electronic cigarettes revenues allocated tu K-12schou|s, California Community containing nicotine. Fiscal Impact: Additional net state Colleges, and, |n certain years. hea|thoare. Fisua| Impact: revenue of$. billion to $1,4 bi|!ion in 20I7-I8, with Increased state revenues-----$4 billion to $y bi!|ion annually potentially lower revenues in future years. Revenues would fmm 20I9-2030 de di d stock be used primarily tnauQmentspending oil health care for market. Increased funding forschools. communityoo|lca8es, |ow'incomeCa!ifornianu. health care for !ow-inuome peop|e, budget reserves, and debt payments. VYHAJYOUR VOTE MEANS WHAT YOUR VOTE MEANS �� A YES vut on this �� A NQw-eon this �� A YES vot on this ki�� A NO vote on -his T N� �� measure means: N�0N measure means: YE �� measure means: N�N0 measure means: No |noometax increases on Income-tax increases or. State excise-tax oil uiQarettea changes |d be madeto hiQh inuome taxpayers. which high-income taxoayers would mmu!d increase by$2 per existing state taxes are scheduled to end after expire as scheduled at the pack—from 87 cents to cigarettes, other tobacco 2018, would instead be end of 20I8, State excise tax oil products, and eiectrun|c extended through 2030. othortobaouo products would cigarettes. increase bya similar amount. State excise tax also would be applied -o electronic ci8arettes, Revenue from these higher taxes would be used for many purpoaes. but primarily toaugment ypendingun health care for low-income Ca!iforniany. ARGUMENTS ARGUMENTS "�� Pmp. Bhe¢s �� VOTE NQON �� Tbacco-e!aed �� F |!mw the 55 V=�� ohi|den thri�i �� 55—TE�PORARf 0=�� hea|thcae cos U�� moe : This Pro p. 55 t $4 bi|!ion SHOULD MEAN 1 California taxpayers $1.6 billion tax increase gives in cu-sto California's public TEMPORARY. Voters $3.5 billion annua|!y, even if $l billion -o health insurance schools, and increases supported higher taxes in you don't smoke. Prop. 56 oumpaniesand special uh||dran's access to 20I2 because Governor works like a user fee-, taxing interests. 56 cheats schools hea|thcone, by maintaininQ Brown said -hey would be tobacco to help pay Tor out of$6DU million a year by current'Lax rates on the TEK8PORARy State budget smoking prevention and circumventing our minimum wealthiest Californians-----with estimates show higher taxes I healthcare-----aosmokers pay school funding guarantee. strict aucoun-ability are no- needed to balance their fair share for their costs. Only I3510 of the money requirements. We can't go the budget, but the special American Cancer Society helps smokersor prevents back tothe deep cuts we interests want to extend I Cancer Action Network kids from starting. No on 56. faced duhn8tho |out them togmwgovemment sponsored Prop. 56 to recession. wxvw.YesOn5Scon/ bigger. TELLTHEM NO. p revert kids from smoking and save lives. FOR ADDITIONAL INFORMATION FOR ADDITIONAL INFORMATION �� N�� &N�� N � �� NN�� N Jordan Curley Howard Jarvis Taxpayers I Yes on 56—Save Lives Noon 55--8top the Special Yes oil 55-----Californians for Association California Interest Tax Grab Budget 3tabi|ity www.hjta,orQ 1.020 12th Street' Suite 303 925 Unive/sityAve. 1510 j Street, Suite 210 Sacramento, CA 958l4 Sacramento, CA 85825 Sacramento, CA 95814 (9I6) 706-2487 (9I6) 4Og-75OO (9I5) 443-78I7 | info@YosQn56.o,Q !nfo@NoOnPmpmoition56.com | info�� mt b |ifornia.00m . YesOn56.urg wwvxNuOnFmpusition56.oum 10 1 Qmcx'nofeencu axuo ��N0N�� N�N�� N@N�� .��@��. ��N�N@�N~ =�� ~ =~~ ~~�~ �~~�~~=� =~~ ~�~� PROP CRIMINAL SENTENCES.PAROLE. PRO P ENGLISH PROFICIENCY.MULTILINGUAL EDUCATION. 57 JUVENILE CRIMINAL PROCEEDINGS AND SENTENCING. 58 INITIATIVE STATUTE. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. SUMMARY SUMMARY Allows paro!a consideration for nonviolent felons. Aut ohzea Preserves requirement that b|i schools students sentence credits for- rehabilitation, good behavior, d obtain Engliuh language proficiency. R i school districts education. Provides juvenile court judge decides whether n i juveniie will be Prosecuted as adult. FTsca'i Irripact: Net state acquisition programs. Requires instruction to ensure- English savings likely in the tens oi millions of dollars annually, acquisition as rapidly and effectively as possible. Authorizes depending on implementation. Net county costs of likely a school districts to estab'ish dual-langlia,ge immersion few milhon dollars annually. programs for both native- ai d on-native English SDeakers. Fiscai Impact: No notable fiscal eifect on school �istricts or state government. VYHAT YOUR VOTE MEANS VVHAJYOUR VOTE MEANS YN � A YES vot on this ANOmtoonthis � A YES vot on this A NOvo� on this� measu� means: N � measure means: � E meaoureneans: N � measure means: Certain state prison inmates There would be noohanQeto Public schools could more Public schools would still be convicted of nonviu|entfolony -he inmate release process. easily choose how toteach required to teach most offenses would be considered Thestate's prison syy em English |earneo, whether in English learners in English- for for release ear!ierthan could not award additional English-only, bilingual, or only programs. otherwise. The state prison sentencing credits to other types of programs. system could award inmates, Certain youths additional sentencing credits could continue to be tried in to inmateu for good behavior adult court without a hearing and approved rehabilitative or in juvenile court. educational achievements. Youths must have hearing in juvenile court before they could be transferred to adult court. ARGUMENTS ARGUMENTS Ca|ifomia public �� NOun 57 � � �aohe�. parents, Prop. 58 |sn�PRO sal�y leaders and �� because it: � R school principals, �� about modernizing victims of crime support w Authorizes EARLY |oual school board members, the way weteach Eng|iuh. It's Proposition 57-- hePublic RELEASE ofviolent arid Governor Jerry Brown about eliminating t | Safety and Rehabilitation Act crimina|a, including those support Pmposit|on 58to rights toan English-language of 2Ol6-----because Prop. 57 who RAPE unconscious he!p students learn En8!ish education for-theirohi!den. focuses resources on keeping victims. as quickly as possible and English-languagesuocess has dangerous criminals behind ° Authorizes immediate expand opportunities for been spectacular Immigrant baru, while vehabi|itating re!easefo, I5,000 dangerous English speakers to master children one learning English juveni|eand adult inmates criminals, even convicted second ianguage, Proposition faster than eve, before and and saving tens of millions of murderers. 58 gives school districts local record numbers of immigrant taxpayer dollars. YES on w Amends the California con-m| to choose the most students are gaining Prop. 57 Constitution/ takes rights effective instruction methods admission to our universities. away from victims; �ants fortheirstudents. more rights to criminals. Vote NO or.. 57 FOR ADDITIONAL INFORMATION FOR ADDITIONAL INFORMATION FOR � � � N�� N��NN�� N � �� N�� N JameoHarnyon VVi||iam Kolkey LiyaCaspemni vvww.KeepEng||sh.ur8 Remcho, 'ohanyen and Stop Ear!y Re|eaae of Violent Yes on 58-----Californians for PuroeU. LLP Criminals Committee English Proficiency IBOl Harrison Street, FPPC#1385627 sponsored by the California SuiteI55O Noon57Committee State Council ofService Oakland, CA946I2 921 llth Street, #300 Employees (5I0) 346-6200 Sacramento, CA858I4 1510j! Street, Suite 210 |nfo@ km.cmn (9I6) 409-7401 Sacramento, CAQ58l4 www.Voe4pmp57.com wi!|@StopEadyRe!ease.oom | (916) 658-9103 www.StopEarlyRelease.com | infokh8uppurtPm 58.oum wwvxSuppozrropoo.00m Qvi.�'nofererceayiuo / 11 QUICK �� N0�� N��N�N�� N��0@N��. =�~~ ~ =~~ ~~�~ �~~�~~=� =.~ ~~�� 159 PROP CORPORATIONS.POLITICAL SPENDING. P RO P ADULT FILMS CONDOMS.HEALTH REQUIREMENTS. FEDERAL CONSTITUTIONAL PROTECTIONS. LEGISLATIVE ADVISORY QUESTION. SUMMARY SUMMARY Asks whetharCaffon ia's eiauted officials should use-theirRequires adult film Performers to use condoms during aLithoritv to propose and ratify an amendment to the fodeua| 1 filming ofsexual intercourse. Requires producers to pay for Constitution overturning the United States Supreme Court i performervaodnabons, testing, and mediva| examinations. decision in Lib�er.,s Uritedu Federal'£7ectoti Co/nnnission. Requires producers to post condom requirement at film Cdb�zenx United ruled that !awa placing certain |imitS un uibey. Fiscal Impact: Likely educ-ion of state and |oual tax political di rpoetions and unionsare �venuesufoevera| mi||iun dollars annually. increased state unconstitutional. Fiscal |mpaut: No direct f|aoal effect on i spending that could exceed $I million annually on state or local governments. 1 regulation, partially offset by new fees. Shall California's elected officials use all of their constitutional authority, including, but riot |imitedto, proposing and ratifying one or more amendments tothe United States ConsLi-ution' to overturn Citizens United x Federal Election Commission (2010) 558U.8. 3I0, and other applicable judicial precedents, to allow the full I WHAT YOUR VOTE MEANS regulation or !imitation of campaign contributions and is�� AYES voteon this Ll�� A NO vote on this spending, to ensure thatai| uitizens, eQard|eoyufwea|th, � 0~ �� meayur� �eans� ��N� measure means: Adult may express their views to one anothe� and to make clear YES— — There would be additional film productions in California that corporations shuu!d not have the uom* constitutional workplace -- —� safety health d f*t would continue to be subject nQhtyayhuman be|nQs7 requirements placed adult to current state and local WHAT YOUR VOTE MEANS fi|m productions in California workplace health and safety and additionoll ways to requirements, inc|udinGthe �� AYES vote on this �� A NO vote on this enforce those requirementy. rules now interpreted to � N� �� measure means/ N��N measure means/ require condom use in adult Voters would be askinQtheir Voters would not be asking i film productions. elected officials to use their theire|ec-ed offioia|utoseek constitutional authority to certain chan8es in the seek increased reQu|ation of regulation of campaign campaign spending and spending and contributions. contributions. As an advisory measure, Proposition 59 ARGUMENTS does not require any particular action by the �� A YES vote on �� Prop. 6Oa||ows or California ��N0 Prop, 50 will stop ��N0N� ANY Californian to Legislature. adu|tf i Im pornographers sue adult h|m perfunners from exposing their who distribute or pmduoe ARGUMENTS I performers tolife-threatening adult content, violates their t privacy, d weakens diseases that VoteYES onPmp The Legislature R � 5Q ^ote|| Congress ~ �N should stop millions of dollars. prop. 60 work�acesafety. A single QivsCa|ifornia health special interest group has we want big Money Out of wasting taxpayer dollars by Officials new enforcement spent mii|ionstu disguise politics and overturn puttinQdo-nothinQmeasures misguided Supreme Court on the ballot that ask tools to ensure pornographerspropL 60'uf|aws. join fina||yubeythe same workers, public health, civil m|ingssaying unlimited Congress tooverturn the ' workplace protection mies organizations,nQhty oumpaign spending is free Supreme CouM Instead of that apply to other California California Democratic Party speech and that corporations wasting time and moneyun induutriey� and Ca|ifomiaRepublican have the same constitutional do nothinQba||otmeasurey' Party' VOTE �Oon Prop. 60. rights as real! people. Send a poUticiansin Sacramento meysaQeto Congress that shou|d focus on we'll hold -hem acoountab!e. transparency d bringing jobs to California. Proposition E FOR ADDITIONAL INFORMATION NOTH!NG. Vote NO' �� N�� FOR ADDITIONAL!NF0RMAJ0N � �� 0�� AGAINST �� Rick Ta | Eric Paul Leu- N- �� N�� N Yes on Prop. GO, For Adult Ca!ifornianu Against Worker DerekC,essman Davek'2i||iand !nduatryResponsibility(FA!R) Harassment California Common Cause G|||iard, B|annin8&Associates 22815Ventura Blvd., #'405 PO Box 10480 (323) 536-1459 5701 Lonetnae 8|:d., Suite30l 1 Los Angeles, CA 9I364 Canoga Park, CA 9I309 vo e@yesonCAPmp 5g Rocklin, CAQ5765 | (3I01) 815'8444 (818) 650-I973 | www.ieoonCAPmp59.com (9I5) 626-6804 . riok@dakoumm.uum pnessKhfr*eupeech000|it|on.com info@Qbaoampai8na.uom www.FA|R4CA.or0 www.DontHa:assCA.00m 12 1 Qmcx'nofeencuaxuo ��N0N�� N�N�� N@N�� .��@��. ��N�N@�N~ =�� ~ =~~ ~~�~ �~~�~~=� =~~ ~�~� STATE PRESCRIPTION DRUG PURCHASES. DEATH PENALTY. 61 PRICING STANDARDS.INITIATIVE STATUTE. INITIATIVE STATUTE. 162 SUMMARY SUMMARY Prohibits state from b�iin0any prcescription drug from a drug Repeaisdeat manufacturer at price over lowest price paid for the drug by without possibiii-Ly of Parole. Applies retroactively to existing United States Department of Veterans Affairs. Exempts death senteices. Increases the portion of life ininates' ad care programs funded through Medi-Cal. Fiscal wages that may be applied to victim restitution. Fiscal Irnpact: Potential for state savings oi an unkinown arnount li-rip-act: Net ongoing reduction in state and county crii-ninal". 'nen*au on Ily wit justice costs of around $150 million annua L'in a -few depending on (1) the measure's impler challenges are addressed and (2) the responses of drug years, although the impact could vary by teris of millions of manufacturer u is regardin the provision and. pricing of their dollars depending on various factors. WHAT YOUR VOTE MEANS WHAT YOUR VOTE MEANS � �0 A YES vot on this ANOmteon �his A YES mteonthis A NO vote on this� b measure means: N � meusu,emeans: State � � � measure means: No N � measuremeans:State aQenuieywould aQencieswmuid continue to offenders cou|d be sentenced Certain offenders convicted generally be prohibited from be ab!a to negotiate the to death by the state for first for first degree murder could paying more for any Prices of, and pay for, degree munder. The most continue to be sentenced to prescription drug than the prescription drugs without serious penalty available death. There would be no lowest price paid by the- U.S, reference tothe- prices paid vvuuid be a prison term of life change foroffenders Department of Veterans by the U.3. Department of without the Possibility of currently under a sentence of Affairs for the same drug, Veterans Affairs. parole. Offenders who are death. currently under a sentence of death would be resentenced to life without the Possibility of paru|e. ARGUMENTS ARGUMENTS �� Prop. 61, The �� Experts y� �� Pm 52 �� Prop. 62 repeals N=�� California Drug �� Pmp� 6l wmu|d� N=�� the FAILED DEATH �� the death penalty Price Relief Act, would increase prescription pjceu. PENALTY with a for brutal killers, including require all i i d educe patient access strict |ifesentenoowithout uhi|d ki!|ors. mass murdeners. purchased by the State of needed medicines, produce possibility of parole. serial killers, and rape/torture California to be priced at or more bureaucracy and Prisoners must work and pay murderers. Prop. 62 means below the price paid for the !awauitsthat cost taxpayers restitution, instead of sitting these murderers will live the samedruQ by the LJ.S, Dept, mi||iony, and hurt veterans by on death row. Guarantees no rest of their lives at of Veterans Alfains, which increasing their prescription innocent person is executed. taxpayers' expense, with free pays by far the lowest price costs. Strongly opposed by TAXPAYERS SAVE healthcare, long alter their of any federal agency. Ca|ifumia Medical $150 K8111-|ON/yeac Victims' victims are c7one, Law Association, California fami|ymembes and former enforuementviotims' NAACP. California Taxpayers death penalty advocates: fami!ios. and DAuoppose Aysociation, Ovarian Cancer YES on 62, Prop. 52, Coalition of Greater California, Veterans of Foreign VVu,s (VFW',, DepartmentofCalifornia. www.NoPmp6I.00m FOR ADDITIONAL INFORMATION FOR ADDITIONAL INFORMATION �� N�� N�� N�� N � �� N�� N A*fAziz NoonPmc. 6l--Ca|ifornians QuintinK8eoke Mike Ramos Yes on Pmp, 61, Caiiforniany Against the Deceptive Rx Yes on Prup. 62, Replace the Californians for Death Penalty for Lower Drug Prices PropositioCostly,pos|tionCostly, Fai|ed Death Penalty Reform and Savings 22815 Ventura Blvd,, #405 (888) 279-8108 System 520 Capitol K8aU' Ste. 630 Los Angeles, CA 81364 info@nopmp5l.00m 5Third Street, Suite 724 Sacramento, CA 95814 (323) 501-8I39 ��NoPmp6��oom San Randaoo, CA 94lD� (8CD)S72-54I7 Yes@SbopPhannalli.need.com | (415) 243'01143 info@noprop62yespmp66�com wwvxStopPharmaCnaed,com | �fo@�otiuethatwurks.ur8 www.nuprop62yespmp66�oom www.YesOn62.com Qvi.�'nofererceayiuo 1 13 QUICK �� N0�� N��N�N�� N��0@N��. =�~~ ~ =~~ ~~�~ �~~�~~=� =.~ ~~�� 1641NITIATIVE STATUTE. PROP FIREARMS.AMMUNITION SALES. P R11 P MARIJUANA LEGALIZATION. 163 INITIATIVE STATUTE. SUMMARY SUMMARY Re-quires background check and Department ol JusticeLegalizes under state law, for use by hs 21 or authorization to purchase ammunition. Prohibits possession older. Imposes state-axes on salesd Cultivation. Provides of large-capacity ity |ti � Establishes -for industry |i i d bii h d �yfu hj procedures for ernorcing laws prohibiting firearm possession products. Allows local, regulation and taxation. Fiscal Impact: by specified persons. Requires Department Of JLIStiCeS Additional tax revenues ranging from high hundreds of participation 'in federal National Instant Criminal! Background r illions of dollars to over$1 billion annually, mostly Check System. Fiscal Impact: Increased state and local dedicated to specific DurDOSC-S, Reduced criminal justice- court and law enforcement costs, potentially 'in the tens of I costs of tens of imillions of dollars annually. millions~' dollars annually, related ~ ~ new~~~` process for WHAT YOUR VOTE MEANS removing firearms from prohibited persons after they are convicted. ��0�� AYES vote on this Ll�� A NO voteon this � � � measure �� measure VYHATYOUR VOTE MEANS ~ ~~~~ � ~~~~ � Adu|ts2l years of age or Gruwing, puuyeasinQ, or using �� AYES vote on this �� A NO vote on thia older could legally grow, marijuanu fo, nonmedical!T N� �� measuremeans: A N��N measure means: No i possess, and use marijuana purposeswou|d remain new court pmueoywuu|d be new firearm- or ammunition- for nonmedical purposes, illegal. It would still be |e8ol created for the removal of related requirements would with certain restrictions. The to grow, possess, o, use firearms from individuals be implemented. state Would regulate marijuana for medical upon conviction of certain nonmedicol marijuana purposes. crimes. Now requirements businesses and tax the related -o the selling or growing and selling of purchasing ofammunit|on medioa| andnonmedioa| wou|d be imp|emented. marijuana. Most of the revenuefrum such taxes would Support youth programs, environmental protection, and law enforcement. ARGUMENTS ARGUMENTS �� Proposition 63 will �� Law enfuoement, �� Prop. 64 creates u �� Proposition 64 F=�� improve pub||o G�N� anti-terrorism. 0=�� safe, legal s�tem ��N� purposely omits safety by keeping guns and expar�y' and civil liberties foradu!t use of marijuana, It DUI standard to keep ammunition out of the wrong groupS overwhelmingly uontm|u. regulates and -axes mahjuana impaired drivers hands. Law enforcement and oppose Prop. 63. It was mariivana use, and haythe off hiQhways� California public safety leaders support written by politician seeking I nation's strictest protections Association of Highway Prop. 53 because it will to make name for himself, for children. It provides Patrolmen and Senator reduce gurl violence by riot the public safety billions for afteroohuo| Dianne Feinstein strenuously preventing violent fe|ona, uommunity. It imposes costly I programs, job training, drug oppose. Legalizes ads domestic abuses' and the burdens on law enforcement t,eatment, and cracking promotinQsmokin8 dangerously mentally i|| from and the taxpayerand only I down on impaired driving. Fix marijuana Gummyoandy obtaining and using deadly affects the- law-abiding. 1 our approach to marijuana. and brownies on shows weapons and ammo. ViyitYeuOn64.or8! watched by millions of children and teens. Shows reckless disregard foruh||d health anduafoty Opposed byCa|ifomia Hospital Association. Vote ^No" FOR ADDITIONAL INFORMATION FOR ADD|T|ONALINFORMATION �� N�� N � �� N�� N Lindsey Cobia Coalition for Civil Liberties I Dustin Moore Tim Rosales Safetyfo,AU infokbuoa|��nihrci�Uiberheu.com Yes on 54, Californians to No on 64 268 Bush Street #222 www.stuptheammo8eb,com Control, Regulate and Tax 2150 River Plaza Drive #l5O San Francisco, CAg4lO4 Adult Use of Marimivaria Sacramento, CAg5833 (4I5) 735 5lg2 While Protecting Children (915) 473-8866 safetyfora|ikhsafetyfora||.com I029 H St., Suite3OI infu@NoOn64.net wwvv.uafatyf:ra||.00m I Sacramento, CA 95814 wvvvv.NoQn64.net ! (91,5) 382-2952 | . infu@yesun64.urQ www.yeaon64.orQ 14 1 Qcicx'noruroncuax/uo ��N0N�� N�N�� N@N�� .��@��. ��N�N@�N~ =�� ~ =~~ ~~�~ �~~�~~=� =~~ ~�~� CARRYOUT BAGS.CHARGES. DEATH PENALTY.PROCEDURES. 65 INITIATIVE STATUTE. INITIATIVE STATUTE. 166 SUMMARY SUMMARY Redirects money collected by grocery and certain other retail Char �s governing state h |! to stores through mandated sale of carryout bags. Requires death sentences. Designates superior court for initJal stores to deposit bag sale proceeds into a special fund to petitions and hn-iits successive petitions, Requires appointed support specified environmental proiects. Fiscal Irn,pact: attorneys who take noncapital appeals to accept death Potential state revenue of several ters oi millions of dollars penalty appeals. Exempts prison officials irom existing annually under certain circumstances, with the monies used regulafion. process for developing execution methods. Fiscal to support certain envimnmenta| programs. Impact: Unknown ongoing impact on state court oa��:r pi. casuin legal challenges bo death sentences. Potentia| prison savings in the tens of millions of dollars annually. WHAT YOUR VOTE MEANS WHAT YOUR VOTE MEANS O'll A YES :ot on this ANO �teonthis 0� A YES vot on this A NOvo� on this Y ~b measuve means: If N � measuro means: If �lEb measure means: N � measure means: state |aw(l) prohibitsQiving charoes on oanym�t bags Court pmoeduresfo, legal There be noohan es customers certain carryout required by state law, that challenges to death tu the otate's current court bags for free and (2) requires !awcou|d direct the use of sentences would besubeot pmuedureufor legal a charge for other typey of the resulting revenue toward to various chunges, such as challenges to deuth canyuut ba�� theresu|bnQ any purpose� tim� |imityon those yentenoes. The car revenue would be deposited challenges and revised rules still be limited to housing in a new state fund to to increase the number of condemned inmates only at support certain available attornevs for those certain state prisons. environmental programs. uha|!an8es. Condemned inmates could be housed at any state prison. ARGUMENTS ARGUMENTS �� YES ON 65-- �� Prop� 65 is �� Our death penalty �� Prop. 65 is not real N=��N� PROTECTTHE N�N�� sponsorodbyout- ��NN system isbo��ed N��0N� reform. VVodon'� ENV|R0NMEN'T in a deal of-state plastic oumpanies down by decades ofappeals. know all of its consequences, brokered by special interest from South Carolina and We need to reform it, not but we- do know this: it adds lobby�� the Legislature Texas. —hey cave about repeal it/ by pausing mure !ayers of government REQUIRED arocery storestu California's environment, they Proposition 66. Prop, 66 bureaucracy causing more CHARGE and KEEP feeuon just want to confuse voters saves millions, brings closure delays, costs taxpayers i|iesand muney, and increases bagstcheckout. and diutractfrom m Grocers get $300 million issue: the need to phaseout justice to brutal murderers. California's risk ufexecuting richer, while shoppers !oae plastic grocery bags. 65 is Innocent persons won't be an innocent person. Prop, 66 �3O0 mi|!ion. Prop. 55 deceptive and doesn't execu-ed under Prop. 56. is uoyt|yexperiment-hat redirects those fees tu deserve your vote. Victims' fami|ies. DAs and makes matters worse. environmental projects, not law enforcement Support grocer profits. Proposition 55. FOR ADDITIONAL INFORMATION FOR ADDITIONAL INFORMATION �� N�� N�� NN�� N � �� NN�� N Yes on 65 Mark Murray Kermit Alexander Noon 66--Ca||fomiansfor 2350 Kerner Blvd., Suite 250 Ca!ifomiany Against Waste �Ia||fomiansfor Death Penalty Fair Justice San Rafael, CAg4gOI 921 llth Street, Ste. 420 Reform and 3avin8s 39 Drumm St. info@SayYesOn65,corTr Sacramento, CA858I4 520Capitu| K8a|i, Ste. 630 Sari Fianoisco, CA 94II1 www.SayYesOn65.00m (9I6) 443-5422 Sacramento, CAQ58l4 oampai8n@cafai�ust|ua.org munay��caw�ecyc|ey.or8 | (800) 272-5417 www.NuonCAProp55.or8 uawrecyc|ey.orQ | i fo@ G mp66.cum www.nopmpb2yespmp66.00m Qvi.�'no,aorceayiuo 1 15 ��0N�� N0�� N��N�N�� N��0@N��. =�~~ ~ =~~ ~~�~ �~~�~~=� =.~ ~~�� Visit �N= Secretary � PROP BAN ON SINGLE-USE PLASTIC BAGS. ��NN�N� �N�� N°�� N 67 REFERENDUM. N�� ' �� N� ~� � SUMMARY �� N��N�� = A ^Yeu" vote approves, and ^No'' vote rejects, a /tatute Research campaign contributions and lobbying that prohibits grocery andoth stores from idi activity customers pennita sale single-use recycledplastic ' ' dreusable- ' b| ~ ca�access.sos us,gnvOR rmcu/ m/pmcu nu.uuve/yuxmn //ucm/ effects ux state and powe/searcn.sos.ca.8ov local governments, including minor increase in state admi�/t:ati:a costs and possible minor local government View this voter guide in other languages savings from reduced litter and waste management costs. www.vobe�gm/de.sos.cu.8ov = Find your poi|inQ place on Election Day www.sus.ca.8owe/ectlunx1J)oVi!�-J)/aue WHAT YOUR VOTE MEANS � Getvote'by'mui| ballot information �� measure maanu� N��N A YES vote onthis �� measure means: A NO vote on this wov�aoa.ca,grm�/eo�ono/mobepr��s��bon/v/ba-nna// � N� �� - -- — — ° Read helpful information for first timevoters Most grocery stores, Stores could continue to convenience stores, large provide sinQ|e-use plastic wovw.sos.ca�o��/ecf/ons/m��nQ�ca0horn/a pharmacies, and liquor stores carryuut bags and other baQs would be prohibited from free ofcho,ge unless loco! = Watch live election results after polls close on pmvid�gsingle-use plastic |awrestrictstheuseofsuch Election Day carryout bags. -Stores bags. httn,Y'vobe.sos.ca.gov Qone,a||ywou|d be required to charge at least lO cents fur any other carryuut bag Audio �� Print � Voter pmvidedtocustomeruat ��N� �� checkout. Stores would keep �� - - - ' Large�� - �� - - �� the nasu|tinQevenue|ur Information �~ Guides specified purposes, �n��r��N��n ��uN�es This guide iyava|iab|eat no cost in EnQi|sh, Chinese, Hindi' Japanese' Khmer' Korean' Spanish, Tagalog, ARGUMENTS Thai' and Vietnamese. m�� YES on57 protects O�� DON BE �=�� California's G�N� FOOLED, Prop, 67 rb order: suuuaSSI"u| efforts to PHASE is $300 million annual �� Call the Secretary ofState'y toll-free voter hotline OUT PLAST!CGROCERY HIDDEN TAX on consumer y BAGS. Plastic bags strangle who will! be forced to pay a- (8010) 345'8583 wildlife, |itteruommunities, $10 for every grocery bag at raise clean-up costs, clog checkout. Not onepenny Visit www.00s.ce.gov recyc|ing machines. Bans on 8oestothe environment. A|| p�a�oQmoerybags are $300 million goes togrocer Download an audio KP3 version at WORKING IN 150 profits. Stop the bag wwv4voteOgu/de.uos.ca.Rnm1em3udio CALIFORNIA tax . . . VOTE NOUN COK8MUN|T|ES. Don't let PRQP57 out-of-state plastic companies stop California. �� ff%oNN~ng N anceYESon67. Find Your Polling places are established by county e!ections officials. When you receive your countyyamp|e ballot FOR ADDITIONAL INFORMATION book|et in the mail a few weeks before Election Day, look for your polling place address on the back cover. FOR AGAINST Mark Murray Noon 67 fou ma; a|soviy|tthe Secretary ufState'svvebsiteat Ca|ifomiava Big Plastic 2350 Kerner Blvd., Suite25O w^v�yoy,ca.gome/ectons/poVo7g-placeor oa|| the toll 92l lIth Street �t� 42O �an Rafael, CA8�8Ol ' � ' f,eeVoter Hotline at (8OO) 345'VOTE (8683). Sacramento. CAg58l4 (9I5) 443-5422 | You can also text Vote to GOVO`E (468683) to hnd murray@oawnacydes.orQ ! pmt ctp!ast|uba8ban.orQ the location of your polling p!aoe. 16 1 Qmcx'nofeencuaxuo Elections ~ CaliforniaN~N��m�N�� N� �� 8NNN California law requires the following information to be printed in this guide. ��«_��-��-�� . .~~ ~� ~~~.~~~~.~~~�~~ ~ ~~. ~~�~~~~ .~~~~��~ Political parties may formally nominate candidates for par'Ly nominated/partiyan offices a' the primary election, A nomina-ed candidate will represent that party as its official candidate for the specific offi�oeot the general election and the ballot will reflect an official designation. The top vote-getter foreaoh party atthe primary election moves on to the general election. Parties also elect officers of county conte! committees atthe primarye|eotion. Avoter uan only vote in the primary election of the political party he or she hau disclosed a pneferenoafor Upon registering tovote. However, a political Party may allow a person who has declined to disclose party preference tovote in that party's primary election. ��K��~�� ^�� Voter—Nominated Political parties are not entitled to formally nominate candidates for xote�nominated officesot -he primary election. Aoandidate nominated fora voter-nominated office atthe primary election is the nominee of the people and not -heofficia| nominoeofany party at the general election. A candidate for nomination to ovoter numinated offioeyhaU have his or her party preference, or lack of party preference, stated on the ballot, but Ihe party pnefeence designation is selected solely by the candidate and is shown for the information of the voters only. It does not mean the candidate |o nominated orendoryed by the partydesiQnated, or that there is an affiliation between -he party and candidate' and no candidate nominated by the voters sha!l be deemed to be the officially nominated candidate of an; political party. in the county sample ballot booklet, parties may !iutthe oandidateuformtor-nominated offices who have received the pady's official endorsement. Any voter may vote for any candidate for a voter-nominated ofh!ce, ifthey 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 desiQnation. No party is entitled to have a candidate with its party preference dosignation moxo on to the general election. Unless the candidate is one of the two hiQhest vote-getters atthe primary election. N��'�� Nonpartisan ~~^^^�� Political parties are not entitled to nominate candidates for nonpartisan of�cesatthe primary election, and a candidate at the primary election is not the official nominee of any pudYfo,the specific office at the general election. Auandidatefor nomination to nonpartisan office may not designate his or her party pneTeence. or |ack of party preference, on the ballot. The top two vote-getters atthe primary election move on to the general! election for the nonpartisan office. ��. Contributors � � ~N� � � Statewide ~"� NN�� @��8N�� 8�e Candidates d~dt d Ballot NNt Measures When a committee (u person o, g,uup of people who receive or spend money for the Purpose of influencing voters to support oroppose candidates or ballot meayures) auppo�soropposes a ballot measure o, candidate and raises at |eayt $I mi||ion, 'the committee must report its top iD contributors tothe California Fair Political Practices Commission (FPPC). The committee- 10 must update the top lO list when there is any change. These lists are available on the FPPCweby|teat http.,,Ii*w*xfp;po.oe.goultranypa/en(.,yltc)p-cnntribubncs�hhni PROPOSMON SCHOOL BONDS. FUNDING FOR K-1 2 SCHOOL AND 5 .,M COMMUNITY COLLEGE FACILITIES. INITIATIVE STATUTE. in OFFICIAL TITLE AND SUMMARY PREPARED BY T4E ATTORNEY GENERAL • Authorizes $9 billion in general Allocation Board process for allocating i obligation bonds: $3 billion for school construction funding, as to i new construction and $3 billion for these bonds. modernization of K 1.2 public school Appropriates money from the General facilities; $1 billion for charter schools Fund to pay off bonds. and vocational education facilities; and $2 billion for California Community SUMMARY OF LEGISLATIVE ANALYST'S i Colleges facilities. ESTIMATE OF NET STATE AND LOCAL • Bars amendment to existing authority GOVERNMENT FISCAL IMPACT: to levy developer fees to fund school State costs of about $1.7.6 billion facilities, until new construction bond to pay off both the principal i - proceeds are spent or Deceriber 31, 020, whichever is earlier. ($9 bill ion) and interest ($8.6 billion) 2 • Bars amendment to existing State on the' bonds. Payments of about $500 mi I I ion per year for 35 years. ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND of Public School Construction. The California Has 8.3 Million Students Enrolled project proposals may be for buying in Public K—14 Education. T h e public land, constructing new buildings, and school system from kindergarten through modernizing (that is, renovating) existing grade 12 (K lit Currently has about buildings. Schools are eligible for new 6.2 million students, 10,000 schools construction funding if they do not i i i have enough space for all current and (including 1,100 charter schools), 950 school districts, and 58 county projected students. Schools are eligible 1 offices of education. The California for modernization funding for buildings 25 Community Colleges currently have that are at least years old. 2.1 million students at 113 campuses Program Based Upon State and Local operated by 72 community college Partnership. In most cases, schools that districts. The coma Unity colleges offer receive state grant funding for approved courses in English, other basic skills, and projects must contribute local funding for citizenship, as well as provide workforce those projects. For buying land and new training, associate degrees, and construction projects, the state and local preparation for transfer to universities. shares are each 50 percent of project K—12 Public School Facility Projects costs. For modernization projects, 'the Approved Through State Review Process. state share is 60 percent and the local Under the state's existing School share is 40 percent of project costs. If Facilities Program, schools submit schools lack sufficient fiCient local funding, project proposals to the state's Office they may apply for additional state grant 18 1 Tills and Summary/Analysis SCHOOL BONDS. FOR K-12 SCHOOL AND PROPOSITION V-"OMMIJN 11TY COLLEGE FACILITIES. INITIATIVE STNFUTE. 51 ANALYSIS BY THE LEGISLATIVE ANALYST U,a N T I N U E.3 funding,, tip to 100 percent of the project the corr munity college systeryl. The cost, thereby reducing or eliminating Chancellor then decides which projects to their required local contributions. submit to the Legislature and Governor, projects approved as part of he A Few Special Program Components for Two wi the Types of, 12 Facility Projects. Most of state budget process and funded in the the basic program rules apply to career annual state budget act. technical education and charter school Local Contributions Vary for Community facilities, but a few program components College Facilities. U n 1,ke for K 1.2 differ. Although the state pays 60 percent facilities, state law does not specify of project costs for most modernization certain state and local contributions for projects, it pays 50 percent for career community college facilities. Instead, technical education and charter school the Chancellor of the community college N i i facility modernization projects. (Shares for new system ranks all Submitted facil," i construction are the same.) For career projects using a scoring system. Projects technical education, state grants also are for which community colleges contribute capped at $3 m,I I ioll for a new facility more local funds receive more points and $1.5 million for a modernized facility, or charter school projects, the scoring system. F also Primarily Funds Public School and proposals also Must undergo a special Community College Facilities Through state review to determine if the charter General Obligation Bonds. The state school is financially sound. In addition to these special rules, schools that cannot typically issues general obligation bonds to pay for facility projects. A majority of S L cover their local share for these two type of projects may apply for state loans voters must approve these bonds. From (rather than additional grant funding). 1998 thnough 2006, voters approved Schools must repay their career technical four facility bonds that provided a $36 -- education loans and charter school loans total of billion for K- 12 facilities over maxiMU1111 15-year and 30-year and $4 billion for community college periods, respectively.iy. facilities. Voters have not approved new Community College Facility Projects state facility bonds since 2006. Today, i i i Approved in Annual Budget. Though it h e state has virtually no remaining community colleges also may receive funding from previously issued school state funding -for buying land, and community college facility bonds. i i (For more information on the state's use constructing new buildings, and of bonds, see the "Overview of State modernizing existing buildings, the process for submitting and approving Bond Debt" later in this voter guide.) projects is different than for K---1-2 State Retires Bonds Over Time by Making facilities. To receive state funding, Annual Debt Service Payments. I n c ornmunity college districts must submit 2016-17, the state is paying $2.4 billion i project proposals to the Chancellor of to service debt from previously issued For the?ful!text of Proposition 51, sec page 1 18. Title and SUMmary i Analysis 19 PROPOSMON 'S i r- SCHOOL BONDS. FUNDING -,-OR VU Su'HOOL.AND 5061 COMMUNITY GOLLECE FACILFHES. INITIATIVE: SVIUTE. ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED state general obligation bonds for education facilities, and charter school school facilities and $300 million for facilities. The rules of the state's existing i C01111MUnity college facilities. school facility program would apply to i Districts Raise Local Funding for Facilities -'these funds. Mainly Through Local General Obligation Community College Facilities. The Bonds. School and corTirr unity college i $2 bi'lion community college -funding districts rylay sell local general obligation :is for any facility project, including bonds to help cover the cost of facility buying land, constructing new buildings, i modernising existing buildings, and projects. Districts Must get at bast 0 55 percent of their voters to approve purchasing equipment. Consistent the sale of these local bonds. Since with existing practice, the Legislature 1998, school and cornmunity college and Governor would approve specific disifficts have sold about $64 bii'lion and community college facility projects to $21. billion, respectively, in local general be funded with the bond monies in the ligation o i i b bonds for facility projects. annual budget act. A Few Other Local Funding Sources. I n i districts addition to local bonds, school districts FISCAL EFFECTS can raise funds for school facilities by Measure Would Increase State Debt Service charging fees on new development. Costs. The cost to the state of issuing Since 1998, school districts have the proposed bonds would depend on raised $1.0 billion from developer fees. I (Community colleges do not have this the tirylinR of the bond sales, the :interest rates in effect at the time the bonds are revenue-raising option.) School and sold, and the time period over which the community college districts both can i raise local funding for -facilities using bonds are repaid. The state likely would various other methods, including i parcel issue these bonds over a period of about taxes, but they use these other methods live years and make principal and interest much less frequently. PROPOSAL Pro pas iti-e-o-51:---Vises of Bond Funds On MWh r"os) ............................. ....... As shown in Figure 1, this measure .......................................................... .. ...... . .......... .............. ................................................................................. ............................................................................... .. ......... .............. i allows the state to sell $9 billion of i Public School facilities general obligation bonds for public school and community college facilities. M I odefmlrti lu.n 8jm K—12 School Facilities. As shown i n Career technicat edutztkl the figure, the $7 billion for K---12 C�� rteir �c€iiaoi school facilities is designated for four community College radIffies C,oo types of projects: new construction, Total $9,000 i modernization, career technical 20 Tills and Summary/Analysis SCHOOL BONDS. FOR K-12 SCHOOL AND PROPOSITION V-"OMMIJN 11TY COLLEGE FACILITIES. INITIATIVE STULITE. 51 ANALYSIS BY THE LEGISLATIVE ANALYST U,a N T I N U E.3 payments from the state's General Fund some school and Community college fits districts might raise and spend more ts main operating account) over a period of about 35 years. If the bonds were sold locally given the availability of additional i i i at an average interest rate of 5 percent, state funds. As a result, more overall the total cost to pay off the bonds would facility activity might Occur in these districts over the next several years. In be $1.7.6 billion ($9 b,llion in principal i i contrast, other school and community plus $8.6 b,llion in interest). The college districts might raise and average payment per year would he about i i spend less locally as the availability of $500 million. This amount is less than half of I percent of the state's current additional state funds means they Would General Fund budget. not need to bear the full cost of their facility projects. These districts might Measure Would Have Some Impact on Local complete the same number of projects as Revenue-Raising and Facility Spending. they would have absent a new state bond. Passage of a new state bond would They would use the newly available state likely have some effect on local district funding to offset what they otherwise behavior. This is because school and would have raised locally. I 1 1 typically COMr y unity college districts dist L Visit http://Www.sos.ca.govlmeasure-contributions are required to rylake local contributions for a list of committees primarily formed to support to their f acil,ities if they want to obta'n or oppose this measure.Visit http://Www.fppc.ca.govl state funding. The exact effect on local transpareticjfltop-coi7tributorslriov-16-gen-v2.html behavior is uncertain. On the one [land, to access the committee's top 10 contributors. For the?ful!text of Proposition 51, sec page 1 18. Title and SUHT-nary i Analysis 21 m»POSm»w SCHOOL BONDS. "FUNDING FOR 8—l2 SCHOOL AND C51 0MMUNOY COLLEGE FAC|L0ES. |N|TATVESTAJUTE. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * ARGUMENT |N FAVOR OF PROPOSITION 51 * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- PROP 91 IMAKES PROTECTING STUDENTS ATOP PRIORITY. school facilities, the overcrowding, plumbing and other Mary schools and community colleges td t d and need environmental issues requiring modif|oatiuns necessary repairs to meet basic hea!th and safety standards-----including to maintain optimum health and safety of the students, retrofitting for earthquake safety, fine safety, and removing faculty, and staff will be addressed by Prop. 5l.''-----Kathy asbestos and lead paint and pipes. Prup. 51. will help make /�yan, President, California School Nurses Organization sure our |oca| schools are updated and safe for students. PROTECT LOCAL CONTROL OVER EVERY PROJECT. PROP 51 WILL HELP ALL CALIFORNIA STUDENTS GET ''Prop. 5' will protect local control by requiring fundinQ AQUAL|TY EDUCATION. only be used for school improvement proJaotaapproved "Nothing is more disheartening than teaching students by !oco| uchuol and oommunityou||ege boards. All of when ourciaosruums are apart and don't provide the Money mList be spent locally, where taxpayers can access tustudent's basic academic needs. To he|p have avoice in deciding how these funds are best used students succeed, Prop. 51 will re pair uutdated and to improvetheir .neighborhood schools."--Chns Unger deteriorating schools and upgrade classroom technology 'libraries, President, Ca��nn/a School Boards Association |ibrarieu' and computer and acienoe labs.........Tim, Smith, A FISCALLY RESPONS!BLEVVAYTD UPGRADE AND REPA!R 2024 California Teacher ofthe Year, Roxn Hgh School SCHOOLS WIT TOUGH TAXPAYER ACCOUNTABILITY. IMPROVING VOCATIONAL EDUCATION AND HELPING "A statewide bond isthe best uption for meeting RETURNING VETERANS. California's school construction needs, because education "Prop. 51 allows local schools and oommunityco||e8ea is statewide concern. Without this bond, |ooa| to upgrade vocational education o!aasroomaso students taxpayers will face higher |uoa| property taxes that create can train for good-Paying careers and contribute to inequa|ities between schools in different communities, Ca|ifo,nia'y growing economy. And, we owe it to our treat taxpayers differently, and lack strong tabi|ity veterans to provide training and help them transition to pnovsions.''--T�asa Casazza, P�s�en� Cu�hnn/a 1he workplace.........Tom 7bdakoon, State Superintendent of 7a,�pa- yroAyscc/a�un pub�c /nshoc�on WE CAN'TWAIT ANY LONGER. INCREASE ACCESS TOAN AFFORDABLE COLLEGE VVe haven't passed a statewide school bond in ten years, EDUCATION. and now we face a massive backlog of local school "By upgrading and repairing our community college pnoJaota. Our schools are in deaperate need of upgrades faci|ities, we can increase access to quality, affordable and repairs to keep our students safe and enaurethey higher education for all Californians. Our community have facilities where they can learn. uo||eQes contribute to the economic and social strength of Prop. 51 will help our students and veterans succeed. |oca| communi ties throughout the state, and help college PLEASE JOIN US IN VOTING YES ON PROP 51. students avoid thou sandsof dollars |n debt. We need to show our support t Ca||forn|a'sstudens." —Jonaihan JU8T|NEF|8CH��^ P,eyidentt � acu� D a|i �L Lx Cf te PTA California Community Colleges KENHEW|TT, President CALIFORNIA FACES LONG BACKLOG OF California Retired Teachers Association NEIGHBORHOOD PROJECTS. LARRYGAL|Z|O, Chief ExecutiveOffioer "School nurses are aware ofthe need for improved Community Co||eQe LeaQue ufCa|iforn|a * REBUTTAL TO ARGUMENT |NFAVOR OF PROPOSITION 51--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Since 2001, we've approved over $146 billion in state T his guarantees developers don't pay their fa|rshare. and |ooai bonds tu fix California schools. Yet Prop. 51 ALLOWS RECKLESS SPENDING: Supporters still o|a|m our schools don't ''meet bay|o hea|th Bonds are expensive. Two tax dollars are required to and safety standards," payback everyd dollar borrowed. Bonds should be u se d fo r N0eoe did the /noneygo/ thinQothat last decades, Incredibly, Prop, 51 funds car. INVITES FRAUD: be spent on equipment with a lO-year "average uyefu| The last statewide school bond audit by the California |ife." Bond payments will last decades longer. Department of Finance found BILLIONS AT R|3Kof ',being This is like buyin8 your |unch with a 30-year mortga8e used for un/n/endedp es . . . if left un.,esolved � � � will and paying for it many times over. conbnueb»adms� af fect '' prop. 5. may be the- most aa|f'serv|n0, devious measure Deoause spending safeguards are not imp!emantad or not aver put before California voters. /t was coeaby6bvthe vvorkin8bond funds can bem|suaad. construction /nduotrvbo benefit the oonshuctionindustry. Both Governor Jerry Brown and Attorney General Kama|a Visit 3ho,pPh?p5J.otg. See who's behind the Yes campaign. Harris have raised thiyuonuern, Vote NO on 51! Prop. 51 keeps -his flawed system in place. G. R|OKD8AR8HALL, Chief Financiu| Officer BLOCKS REFORMS: � Ca|ifo,nia Taxpayers Action Network Prop. 51 ties the hands of legislators and locks in cunenT gVEN0YD8. LACK, Director ru!ea. It hijacks our democracy by barnini2 legislators from Ca|ifo,nia Taxpayers Action Network correcting rules that deny disadvantaged uchuo!u the help they need. 22 1 Arguments Aopsegfspxvado»fljisvggo,qrp Moopif�ioo;/xhoauthors,and/mve Pat� � �� cA � w o�� omory/yan9officia/agoq' SCH00L BONDS. FUNDING FOR K—l2SCH0ULAND m«s»ITI«w COMMUNITY COLLEGE FAC!UPES. INITIATIVE STATUTE� 51 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * ARGUMENT AGAINST PROPOSITION 51 * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Bondsare debts that must be repaid with interest, over REFORM FIRST: time. Popusibn5] �� does � �� change Since 1998, Ca|iforniu voters have approved �35 billion one-size-fits-none state hondp Small, needy in state school construction bonds. All were placed on school districts can't afford expensive consultants used the ballot by the Legislature arid backed by the Governor. by the big, wealthy schools. Program reforms are needed Proposition 5l is different, The Legislature did not put so disadvantaged districts get the money they deserve. Frupositiun 51 on the ballot. And the Govemoruppuses it, Last February Governor Brown told the Los An. e s We ioin the Gj.ovemor in opposition because Proposition 7ineo' "I am against tfie developers'$9-billion 51 IS: bond . . . [it'!squanders money that would be far better UNAFFORDABLE. spent/n low-income con,/nun/Kes." Californians already pay $2 billion each year on state Brown also said benefit promises tostate employees aohou| bonds. Proposition 51 would cos- an additional are "liabilities sumassive bhat il. /s tempting to ignore $500 million each year--money the state doesn't have. them We can't pooy/b/ypay bhenn off/n a year or |n total, Ca|ifomia hau over �4DO bi||ion in debt and two or even ID. Yet, it/s out,moral b do yu-- financial oomm|tmentu� Governor Brown oa||a this a particularly before we no��e nem/uu/nnndrnenty�'' ''vva|| of debt Borrowing�orrow|n8 more money we can't afford is VVe aQree� reckless. Proposition 51 is supported by businesses and politicians UNACCOUNTABLE' who benefitf/om more state spending, Yes or.. 51 has With local school bonds, oommunitiesoontro| spending. already raised over $6 million from those who would profit With state school bonds, bureaucrats and their cronies most, including the Coalition fhrAde4uube School Housi/7.9T co|| the shots. Loue/control'is the best wua�ybonn/nirnize KCAS+8and California Building industry Association, goweon/nent waste. Celi/bon/a Taxpayers Action Network |a an all-vo|unteer, UNN'ECES8ARY: non partiyan. non--profit that promutesfiyoa! responsibility Forychoo! uonytmction. /oua/ bund/naeyu�s wmr&be�e/ and transparency in local government. We combat bhans�ofev��ebondo� Laut �unexotersapproved over government secrecy, waste and corruption and seek to gO% of |oca| school bonds on the ballot, providing over ensure everyone receives good xa!ue for their tax dollars. $5,5 billion for school construction. We're people just like you who support Quality schools School envo|!ment is expected to decline over the next and want fiscal responsibility |n Qovernmen without lOyearu. Pro,position 51 waste wastes money . of naw schools over remodeling existing schools. Join us in votinQ NO on Proposition 5I INEQUITABLE: wovw.ua/tyn.otg Proposition 51 funding would 8o to those first in line. Q. R|CNMARSHALL, Chief Financia| Officer Largoweo|�hydistrictuwou!d receive ''|iun'auhare" Ca!ifornia Taxpayers Action Network becauaethey have dedica-ed staff to fill out paperwork. VVENOYM. LACK, Director This shuts out smaller. pooror districts that need help California Taxpayers Action Network most. This is noom0ywm»n& * REBUTTAL TO ARGUMENT AGAINST PROPOSITION 51 Prop. 51 ensures that every California student has the need re pairs to meet basic health and safatystandardu-- oppo�unityto learn in aafe' up-to dateschoo|swhi|ea|so including retrofitting for earthquake safet8 fire safety' protectingtaxpayers. and removing asbestos and lead paint and pipes. These PROP 51 IS NOT ATAX INCREASE. repairs are critical to keeping every student safe. Prop. 51 is a bond that will be repaid from a very small YES ON PROP 51, amount of the state's EX|3T|NC annual revenue to repair Prop. 51 will help every California student get a quality and upgrade |oca| schools. It does NOT raise taxes, education, increoseaccesy -o an affordable college PROTECTS TAXPAYERS FROM HIGHER LOCAL TAXES. education, and improvexocationo| training for veterans Without matching dollars from a statewide school bond' and students p,eparingfo, -he workplace. taxpaye,swi|| face higher local property taxes to pay for Prop. 51 is supported by taxpayer groups, teachers, oohou| repairs and upgrades, and some school districts business, Republicans, and Democrats. See for yourself may never be able toafford hxinG schools on their own. at wo*w.oalifo/n/anafbxTuall'tyschou/a.co/n This partnership between the state and |uoa| school Please join us in supporting Prop. 51. districts has faidyfunded school repairs for all students. CH0|SUNG4R, President REQUIRES TOUGH ACCOUNTABILITY. California School Boards Association Pnop, 51 puts |uoa| voters in control of how school bond TERE8ACA8AllA President monies are spent |� requires audits " � Ca|ifornia 'Taxpayers Association accounting standards. LAR0YGALiZ|O Chief Executive Officer PROR 51 MAKES PROTECTING STUDENTS APR|0R|TY " �Many schools and community uo||e0au are outdated and �IommunityCo||e8e League ofCalifornia Amwrnra»upinmd ov this«aga are the apil-iofilx and have not beer,rhvd*d for accuracy kyaqvffiria/vgpilq, A,Gurnent5 | 23 PROPOSMON EDI-CAL HOSPITAL FEE PROGRAM. 5M j em INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. OFFICIAL TITLE AND SUMMARY PREPARED BY T4E ATTORNEY GENERA' • Extends indefinitely an existing statute known whether the Legislature would that imposes fees on hospitals to obtain have extended the hospital fee absent the federal matching funds. measure. • Uses fees to fund Medi-Cal health care If the Legislature Would have extended services, care for uninsured patients, and the hospital fee absent this measure, children's health coverage. the rqeasure would likely have relatively • Requires voter approval to change use of little fiscal effect on the state and local fees or fL'1 n d s. governments. • Permits other amendments or repeal by If the Legislature would not have extended Legislature with a two--thirds vote. the hospital fee absent the measure, the measure could result in state General • Declares fee proceeds do not count as Fund savings of around $1 billion annually revenue toward state spending limit or and increased fL'inding for public hospitals Proposition 98 funding requirement. in the low hundreds of millions of dollars SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF annually. NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT: The fiscal effect of this measure is uncertain primarily because it is not ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND of the Medi-Cal program, the state and the federal government each pay half of Overview of Meth-Cal and Hospitals the costs. In some instances, the federal Magi-Cat Provides Health Care Benefits to government pays a greater share of the costs Low-income Californians. The Medi-Cal than the state. In order to receive federal program provides health care benefits to fundingmust for Medi-Cal, the state i low-income Californians who meet certain various federal laws and requirements. eligibility requirements. These health care Public and Private Hospitals Provide Care to benefits include services Such as primary People Enrolled in Medi-Cal. There are about care visits, emergency room visits, surgery, 450 private and public general acute care and prescription drugs. Currently, Medi- hospitals ("hospitals") licensed in California Cal provides health care benefits to over that provide services Such as emergency 13 million Californians. Total spending services, surgery, and outpatient care to on Medi--Cal in 2015-A1 6 was roughly Californians, including those enrolled in $95 billion, of which about $23 billion was are About four-fifths of the hospitals from the slate's G'eneral Fund (its main are private and about one-fifth of the operating account). hospitals are public. Public hospitals are owned and operated by public entities such Cost of Meth-Cal Is Shared Between the State as counties or the University of California. and the Federal GovernmenL For rylost costs Private hospitals are owned and operated by 24 1 THIE!and summary/Analysis MEDI-GAL.HOSPITAL FEE PROGRAM. PROPOSITION gift INITIATIVE CONSTITUTIONALAMEENDMENT AND STATUTE.52 ANALYSIS BY THE LEGISLATIVE ANALYST U,a N T I N U E.3 private entities, which can be nonprofit or increased Medi-Cal payments for hospitals for-profit, and grants for public hospitals ($3.7 billion in 2015—1 0') and (2) to generate state Hospital Quality Assurance Fee General Fund savings ($850 million in In recent years, the state has imposed a 2015 161). The hospital fee revenue used special charge on most private hospitals. for increased Medi-Cal payments was This charge is called the F-lospital Quality matched with $4.4 billion in federal Medi-- Assurance. Fee ("hospital fee"). It has been Cal funding, resulting in $8.1 billion in total collected since 2009. The charging of Medi-Cal payments and grants to hospitals in the hospital fee by the state is set to end 2015-16. on January 1, 2018. Figure I depicts the Hospital Fee Results in a Net Benefit to collection and use of hospital fee revenue Hospital Industry. As shown in Figure 1, t h e in 2015 1-6. The fee revenue is used for hospital industry received in 2015-16 a net two purposes: (1) to fund the state share of benefit of $3.15 billion as a result of the fee Figure I State Savings and Hospital Net Benefit Resulting From the Hospital Fee in 2015-16 .......................................................................... ............................................................. ............. ..................................................... ....................... ............................ ................................ ................................. ............... Private Hospitals ............................................ ........................ .............. .............. ... . ....................... ... ........ ................................................................................... ..................... .................................................... ................ .................................................................................. ................ ................................ -------------- ................................................................................. ..................... ...... ...... .............. ............................................................ ...... ........................................................... .. .. ....... . . .. . ....... _P V.......... .............. ............................................ ........... State Government . ..... ........... ............. ............: _ .............................. ........... ............... ............ ............................. . ........... . ............................ . ............... ............... ...................................... ........................................... ............................... ................................................................. ............................... ...... ......................... ................ ........................................... ........................................................... ............................... ................................ ....................................... ....................................... .................................... .................. ............................................................. ............... .............. -I&W 0j 11WA: ......... ................... ............... ....... .................. .............................................. ...................... .............................................. ............... ........................................................................................................................ ................................................... qd�Gtar�ts Rete ivvd a ................. ................................... ......................................................... ........ .......................... ............................................... ........ .......................... ................................................ ................................................................................................ ................................................ ............................................................. . ............ . ............ ............... .. ......... . . ................. .......... 4.4 B.I Public and �3 ...............I................... ...... ............................... ............... Private Hospitals .......... ................. ............... ............... Hospital Industry Not Benefit= $8.1 Billion payments received —4.6 Billion fees paid $3.5 Billion net benefit The state-and the federal government share the casts of MI-ech-Cal.When the state spends money on Medo-Cal,the federal government generally provides federal funding to pay for the federal share w the costs. For the?ful/text of Propos itior 52, see C)age 1 22. Title and SUHT-nary Ana'v5i5 25 PRONOS1110IN MEDI-GAL HOSPRAL FEE.PROGRAM, Safte INITINFIVE.CONSTITUTIONAL AMENDMENT AND STA'FUTE. ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED because the hospitals received $8.1 billion hospitals, and the federal government also in payments and paid $4.6 billion in fees. pays for part of these payment increases. Public hospitals in particular received a benefit of $235 million in 20 1-51 65 PROPOSAL comprised of grants and increased Medi-Cal Makes Hospitaffee Permanent. While the payments. (While the hospital industry as a hospital -fee Would otherwise end under whole received a net benefit, a small number current state law on January 1, 2018, of private hospitals paid rnore in -fee revenue Proposition 52 extends the current fee than they received in Medi--Cal payrnents.) permanently. As with any extension of Money From Hospital Fee Results in State the hospital 'fee, the extension under this Savings. As shown in Figure 1, fee revenue is measure requires federal approval. used to generate state General Fund savings. Makes ft Harder for the State to End Hospital These savings occur because hospital Fee. Under the measure, the state could end fee revenue is used to pay for children's i i I the hospital fee if two-thirds of each house health care services in Medi-Cal that would of the Legislature votes to do so. Under otherwise be paid using state General Current law, the fee can be ended with a Fund money. (The state General Fund is majorit,yvote in each house. supported primarily through taxes Such as Makes ft Harder to Change the Hospital Fee. income and sales taxes.) The amount of fee Under the rneasure, changes to the hospital revenue used to generate state General Fund fee ee generally would require future voter savings is based on a formula in state law. approval in a statewide election. Under In 2015---16, the e state General Fund savings current law, changes to the fee, can be was about $850 million. made by the Legislature. For example, the Legislature Has Extended Hospital Fee Several Legislature can change the formula used to Times in the Past. Since the fee began in generate state General Fund savings. The 2009, the Legislature has extended it four measure does allow the Legislature—with times from the date that the fee was to end a two-thirds vote of each 110LISO------to make under law in place at the time. Consistent certain Specific changes, such as those with this past practice, the Legislature could necessary to obtain federal approval of the potentially enact a new law to extend the hospital fee. Current hospital fee beyond January 1, 201.8 Excludes Money From Hospital Fee in Annual (the date when the current fee ends). Calculation of School Funding. The State Any Extension of Hospital Fee Must Be Constitution requires certain formulas to Approved by Federal Government. If the fee be used to calculate an annual MinirylUrn is extended beyond January 1, 2018 by the, funding level for K-12 education and Legislature or by voters, the extension must California Community Colleges. These also be approved by the -federal government formulas take into account the amount to receive federal funding. Federal of state General Fund revenue. AS Under government approval is required uired because the current practice, the measure excludes state uses hospital fee revenue to fund the money raised by the hospital fee in these state share of Medi-Cal payment increases to calculations. The measure provides for this 26 THIE!and summary/Analysis MEDI-GAL.HOSPITAL FEE PROGRAM. PROPOSITION gift INITIATIVE CONSTITUTIONALAMEENDMENT AND STATUTE.52 ANALYSIS BY THE LEGISLATIVE ANALYST U,a N T I N U E.3 exclusion in an amendment to the State ff Legislature Would Not Have Extended Constitution. Hospital Fee Absent the Measure. I n this case, the measure Would have a FISCAL EFFECTS major fiscal effect on the state, and The fiscal effect o':i this measure is uncertain local governrylents. The fiscal effects primarily arily because it is not known whether under this scenario would likely be the Legislature would have extended the similar to those experienced recently hospital fee absent the measure.. To date, (as adjusted for growth over time): the Legislature yislature has extended the fee four ) annual General Fund savings of times. Therefore, given past practice, it is about $ i billion and (2) annual funding possible the Legislature would have extended to the state and local public hospitals in the hospital fee beyond January 1, 2018 in the low hundreds of millions of dollars. any case. There are also recent changes to The state and local governments also federal law that may require changes to the would realize some increased revenues structure of the hospital' fee, and these could as a result of the added federal funds brought into the, state by the. fee. These. affect the -fiscal impact of the hospital -fee. Below, we describe the fiscal effect of this impacts, however, could be affected" Measure, under two main scenarios: by new federal requirements that may ff Legislature Would Have Extended require changes to the hospital fee.. At Hospital Fee Absent the Measure. I n this this time, it is unclear what changes to the hospital 'fee Would be necessary to case, the measure would likely have comply with .federal requirements. Any relatively little fiscal effect on the state such changes could increase, decrease, and local governments (for the period or not change ange at all the impacts or, the over which the Legislature extended the state and local governments. fee). This is because the state would already be generating General Fund Visit http://Www.sos.ca.govlmeasure-contributions savings and providing funding to public for a list of committees primarily formed to support hospitals. We. note, however. that absent or oppose this measure.Visit 1it1p.11Www.fppc.ca.gov1 this measure the Legislature could transparency top-contributors/ne v-16-gen-v2.h1ml change the structure of the hospital to access the committee's top 10 contributors. -fee such that the General Fund savings and public hospital benefit could be different from what it has been. For the?ful!text of Propos itior 52, sec page 1 22. Title anSUIT-nary;Ana'v5i5 27 PRomxmow MED|-CALHUSP|TXLFEEPRU�R�M, 5= |N|TIAOVECONSDTUT|0NAL&MENDMENT AND STAJUTE. ARGUMENT |N FAVOR OF PROPOSITION 52 YOUR YES VOTE ON PROPOSITION 52 WILL KEEP �his Initiative has generated the unprecedented support GOOD IDEA WORKING-----ONE THAT'S DOING A LOT OF of virtually all major health care, business, !a bur. and GOOD -FOR A LOT QF GOOD PEOPLE WHO NEED THE community organizations throughout the state. |tiu HELP. unlikely that a consensus coa|i-ion like this has ever WHAT DOES PROPOSITION 52DO? been achieved before. Forexample. -heCa|ifomia Teachers Association, Californiaui|dinQ��desCounci| It does two things ' ' � Ca|ifomia Professional Firefighters and theTeamsters Fist, it extends the current Medi-Call hospital fee Union and ove/3O local unions have joined with prog�m that generates more than �3 billion a year the California Chamber of Commerce, the California in federal matohingfunds thaLwou|d not be available Business Roundtable, as well as advuoacyuroan|zat|uns otherwise. This money helps provide Medi'Co| health for ohi|den, yeniurs and the disabled. Additionally, it care semicesto over 13 million Californians, including: has been endorsed by both the state Democratic and w 6,7 million chi|dren/ Republican parties, In today'y very contentious pui|tica| w l-G million seniors with chronic diseases; environment, this alone is an amaz|nQdeve|opment. w 4,5 million |mw-income working families whose wages HOW DOES PROPOSITION 52 IMPACT CAL/FDR/YLA can't sustain them; and TAXPAYERS? * persons with disabilities, This measure GENIERATE8 OVER $3 BILLION IN Second, Proposition 52 strictly prohibits the Le8is|ature AVAILABLE FEDERAL FUNDS WITH NO STATE COST TO from using these funds for any other Purpose without a CAL|FQRN|A TAX PAY ERS. vote of the people. 8y extending the current state K8adi-Cal hospital fee the That'sit, atatewi|| continua receive more than $3 billion ayear WHO IS BEHIND THIS INITIATIVE AND WHY IS /T0/V in available federal matohing funds for Medi-Cal. Without THE8ALLO7? it, the shortfall will cause some community safety net The 1-11VIedi'Ca| hospital fee program was initially enacted hospito|stoclose. as a bi-partisan program by the Legislature in 2009. P|eauo VOTE YES ON PROPOSITION 52 TO KEEP It has been renevved three times, but each time there GOOD IDEA VVORK|NG--THAT'S DOING A LOT OF have been attemptstu d|va� the moneytuoume other �OOD FOR A LOTOFGOOD PEOPLE. use |t has been piaued on the ballot by � C. OU�MEO�U�ER President 400 local community hoapita|s in order to ensure that ' ' California Hospital Association California continues to receive its fairshare of federal matching funds for Kedi-Cal in order to serve our most T��R�� ULL0C�' KSN' NPCPreyident vulnerable citizens and to prevent the diversion of the California Association of Nurse Practitioners funds for any other purpose. OE0ORAH HOVVARD, Executive Director WHO /S SUPPORTING PROPOSITION 527 California Senior Advocates League REBUTTAL TO ARGUMENT |W FAVOR OF PROPOSITION 52 PROP. 52D0ESN'T HELP ANYONE BUT HOSP1TAL |eayeo, Country o|ubmemberships, and multi-million CEOs AND LOBBYISTS. dollar ya|aneofor executives. PROP. 52 IS 8A1T-AND-SVViTCH. The money it claims Hospital CEOs sponsoring Prop, 52 make as much as to prov|de for children and seniors? The; a|readyget that $I53,000 EVERY WEEK. mone v, Ca|ifomia |awa�eady v�eythem ore than All Prop, 52 does |sremove any accountability ur $3'COO'D0O,0O0 in funding for healthcare services. oversight on the very CEOs who have committed fraud Prop. 52 won't change that. and wasted precious tax dollars on luxury perks for What Prop. 52 really does |a change our Constitution themse|ves. to Dermanently rernove anya000untabi|ity, overy|Qht. Don't get fooled bythia complicated, unnecessary or guarantee thatthe $3,000,000,000 be spent on change to our Constitution. It is speuial interest trick healthcare by these CEOs and their lobbyists. designed to eliminate oversight of8,eedy hospital CEOs Why are they spending tens of millions on Prop. 52? and their lobbyists-----a- the expense of taxpayers and Because they keep getting caught misusing our money: vulnerable Californians. • Hospital corporations profiting from Prop. 52 have VOTE NO ON PROP. 52 been fined hundreds of millions of dollars for wwv,�NoOn52.omn7 fraudulent, unnecessary, orem:exy�e &yedi-Calor V|R0!N|AANDERS-ELL80DRE NursePraotitioner ��ed�caopb//�n& ' w Other hospital CEOs 'Look KA|OHELL� R�5�ookthosetaxdu||ars meant ' Healthcare Worker the poor and elderly and spent them on luxury car JOV|TA SALCEDO, K8adi-Cal Beneficiary 28 1 Arguments Aogtisegfspxvado»III isvggoarp Moopif�ioo;/xhosuth*s,arid have Pat� � �� cA � w o�� omory/y any officia/agoq' M8D|-CAL HOSPITAL FEE PROGRAM. PRomSmow INITIATIVE C0NSDTUTQNAL AMENDMENT AND STAJUTE I=n 04 ARGUMENT AGAINST PROPOSITION 52 "Our health care dollars should be treating patients, t CEO salaries, luxury boxes at sporting events, country funding lavish perks for millionaire CEOs. Prop. 52tykea club memberships, paymen�atoVVa|| Street |nvestory' nyscuncay hnnn patients and conn/nunities and siphons and other perks. it/nto the pockets ofrch ec/e//niereyty, with no Hera |a what advocates for low-income patientasay: overy(gh,t, no accountability, and nocua»enbee /tioeven This initiative takes moneyfrom needy Californians and upentmn health Care. That's wrong and makes nurses i i� t rich millionaires instead, i�h i ht gives o ro m ona reu w no oversight and doctory' jobs harder."--y��n/aAndes'E7�no/e' and no requirement it be spent on health care for pour /Vumepu*otitioner peop|e, or even health care atall. Our healthcare system w Prop. 528ives hospital CEOs a check worth more than is already broken and this no'ytringo attached money $3b////on--with no strings attached, no overyiQht, and grab by rich CEOs will un|ymake it worse-"------Michelle no requirement the muney is spent on health care. Ross, Healthcare Worker w Prop. 52 gives more than $3,O00,O00,00Dbothe ''|'mu|,eadystruggling to make ends meet and can't same CEOs ulreadybe/ paid millions arid using our afford to take my children to the doctor. Now they tax dollars for perks like luxury car leases and Qo|f want to take what little | have arid give itto the special fees, with zero accountability. interests and corporutionswho run fo�profit hosmda|y, no ~ Prop, 52u/great tot hospital CEOs and their lobbyists, questions asked."--}nv/ta3a/uedu, Med/-CalPaf/ent but bad for patients, low-inuome women and children, The corporate-funded California Hospital Association seniors, and veterans. wrote pn�p 52 in order permanently guarantee more The wealthy hospital CEOs and their lobbyists are than s3,UGO,GOO,OOO of Our federal and state health spending millions including ourtaxdo|!ars-- o trick care dollars go tuthem no matter what, with no oversight you into be|iev|n0Prop. 52 he!psMedi-Ca| patients. and noQoanyntee /tbe spent on health care. It doesn't. !t hurts the people who need 'it most and only /t tigs the system /n favor of corporations and he!pa hospita| lobbyists and the|rovarpaid CEOs. millionaires and hurts |ow'|noomewomen' children, This is what it really does: and seniors. /te/i.rn/nates oversight of how this • P'np. 52 heeo hospital CEOs and/obb-vists from any $3.000,000,000 in our tax money is apent and asks us oversighturacoountsb/�tyforhovvthayspendthe to trust the CEOs and lobbyists instead. $3,000.000,000 oftaxpayer dollars they receive to We need more oversight or CEOs, not less. treat low-income residents. VOTE NO ON PROP 52 • Forcey -theutatetoQive billions in federa| low-income w1vw.NoUn52.conn health care benefits to hospitals with no oversight, no acomuntabi0tK and no euarantee /t will be spent mn V|RGiNiA4N0E08-ELLDdORE, Nurse Practitioner health cane a,t 30, let alone health core for low-income M|CHELLE RO88, Healthcare Worker women, children, and seniors, ]OV|TAS4LCE0O, K8edi-Cal Beneficiary • These same CEOs and lobbyists have spent millions intended for low-income health care on overpriced * REBUTTAL TO ARGUMENT AGAINST PROPOSITION 52 What Proposition 52 IS . . . and what it's NOT |awmakeruthot -he LEGISLATURE SHOULD HAVE THE Prop. 52 iaabuut providing access to Medi-Cal health POWER TO DIVERT HEALTH CARE DOLLARS toother care services for children, seniors and low-income purposes. families. VVo vigurous!y disagree. |tsimp!y EXTENDS -he CURRENT state Medi-Ca! Proposition 52, PROHIBITS THE LEGISLATURE FROM hospital fee -hat generates over $3 bi!!iun ayear in D|VERT|NG these funds to any other purposes WITHOUT federal matching fundutha- pay for that care. a VOTE OF THE PEOPLE. Proposition 52 IS NOT ABOUT COMPENSATION OR Medi-Cal has been caring for Ca!ifo,nians for over 5O SALAR|ES, years. Today over thirteen million are touched, cared-for, Who is FOR Proposition 52 . . . who isACA|NST? healed and made hea|thier because of K8edi'Ca| and it's Go to www.ye«p/o -52orgforthe entire |ist of nearly made stronger by a good idea that's working. I.00Osuppo,te,s, but here is representative sample: hat good idea is Proposition 52. California Hospital Association; California Touchers Please vote YES on 52. Aysociution� CaliforniaChamber California' ' ANN-LOU|SEKUHNS President Building Trades Council; CaliforniaState ' ' California Chi!dren's Hospital Association of Counties; California Labor Federation; the California PreyidentUARVPASS8ORE' ViceBusineys Roundtable; California Professional FirehQhtero/ ConQ,esyofCa|ifomia Seniors as as advocacy organizations for children, seniors and the disabled. 0R. 8HAN0ON U0OV|C-CONSTANT, Tiustee There is ONLY ONE SMALL ORGAN1ZAT|QN FUNDING California K8ediou| Association OPPOSITION TO 52. Its representat|vatestified to PROPMTV4 REVENUE BONDS. STATEWIDE VOTER APPROVAL. ddmh 'W- INITIATIVE CONSTITUTIONAL AMENDMENT. 1W& 5*J OFFICIAL TITLE AND SUMMARY PREPARED BY T4E ATTORNEY GENERA' • Requires statewide voter approval SUMMARY OF LEGISLATIVE ANALYST'S before any revenue bonds can be ESTIMATE OF NET STATE AND LOCAL issued or sold by the state for certain GOVERNMENT FISCAL IMPACT: projects if the bond amount exceeds 9 Fiscal impact on state and local $2 billion. governments is unknown and would • Applies to any projects that are depend on which projects are affected financed, owned, operated, or by the measure, whether -they are managed by the state, or by a joint I approved by voters, and whether agency formed between the state and any alternative projects or activities a -federal government agency, another implemented by government agencies state, and/or a local government. have higher or lower costs than the • Prohibits dividing projects into original project proposal. multiple separate projects to avoid statewide voter approval requirement. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND General Fund, which is funded primarily State Pays for Infrastructure Projects by income and sales -taxes. In contrast, Using Cash and Borrowing. 1-'he state the state usually repays revenue bonds builds various types of infrastructure using revenue from fees or other projects like bridges, darns, prisons, charges paid by the users of the project and office buildings. In some cases, (such as from bridge tolls). Figure I the state pays for projects on a pay-- shows how a state revenue bond as-you-go basis using tax revenues generally works. (For more information received each year. In other cases, the on the states use of bonds, see the state borrows money to pay for projects, Overview of State Bond Debt"' later in especially for larger projects. this voter guide.) State Borrows Money Using Bonds. The Voter Approval Not Required for State main may the state borrows money is by Revenue Bonds. Under the California selling bonds to investors. Over time, the state pays back these investors with Constitution, state general obligation interest. The state sells two main types bonds need voter approval before the of bonds: general obligation bonds state car] use there to pay for a project. and revenue bonds. The state repays State revenue bonds do not need voter general obligation bonds using the state approval Linder existing state law. 30 THIE!and Summary/Analysis REVEENUIE BONDS. STATEWIDE VOTER APPROVAL PROPOSITION doft INITIAPIVE CONSTITUTIONAL AMENDMIENT. 53 ANALYSIS BY THE LEGISLATIVE ANALYST a N T I N U E.3 Figure I How a State Revenue and Works 001% Siate barrows money frorn ir: stnrs by selling reverluc bond qLzjState constructs project Investors State Project :den... State mrmyS irIVE!StOrS WUSffS Of P--*eCt pay feeSM0115 PROPOSAL Bonds Sold for State Project. The Requires Voter Approval of Certain State revenue bonds are sold for a project Revenue Bonds. The measure requires that is funded, owned, operated, or statewide voter approval of revenue managed by the state. The measure bonds -that meet all of the following also contains provisions to prevent a conditions: single project from being separated State Sells the Revenue Bonds. into multiple projects to avoid voter Revenue bonds are sold by the approval. state, as well as certain associations Bonds for the Project Exceed that the state creates or in which $2 Billion. The revenue bonds the state is a member. The sold for a project total more than statewide voting requirement does $2 billion. Under the measure, this not apply to bonds sold by cities, amount would be adjusted every year for inflation. counties, schools, community colleges, and special districts. For the?full text of Propositior 53, sec page 123. Title and SUHT-nary Ana'v5i5 31 PROFOs;1:01N REVENUE BONDS.STATEWIDE VOTER APPROVAL 5 gift INITIATIVE'CONSTITUTIONAL AMENDMENT. ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED FISCAL EFFECTS the state would have to make decisions The measure's fiscal effects on state about what they consider to be a single and local governments are unknown. project. For example, in some cases a project could be narrowly defined as a It is unlikely there would be very many single building (like a hospital). In other projects large enough to be affected cases, a project could be more broadly by the measure's requirement for voter defined as including multiple buildings approval. However, for those projects in a larger complex (like a medical that are affected, the fiscal effects center). A broader definition Could would depend on what actions the result in more projects meeting the state, local governments, and voters $2 billion requirement, thus requiring take in response to this measure's voting requirement. voter approval. Measure Likely to Cover How Government Agencies and Voters Relatively Few Projects Respond Would Affect Costs Few Projects Cost Over$2 Billion. Government and Voters Could Take Relatively few state projects are likely to Different Actions. When a proposed be large enough to meet the measure's project meets this measure's $2 billion requirement for voter requirements for voter approval, approval. Two state projects that are governments and voters could respond over $2 billion and might use revenue in different ways. These responses, in bonds are (1) the California "WaterFix" turn, would determine the fiscal effects, project, which would build two tunnels if any, of this measure: to move water through the Sacramento- On the one hand, if the state held San Joaquin River Delta; and (2) the an election and voters approved the California High.-Speed Rail project. It project, the state could proceed is possible other large projects Could with the project as planned using be affected in the future, such as new revenue bonds. As a result, there bridges, dams, or highway toll roads. would be little -fiscal effect from .1-1) .1-1) Uncertain Which Projects Would Be this measure. Affected. While it is unlikely that very On -the other hand, if voters rejected many projects would be large enough the project or the state chose not to be affected by the measure, there to hold an election as required is some uncertainty regarding which by this measure, the state would projects would be affected. This is not be able to use revenue bonds because the measure does not define for the project. Without access to a "project." As a result, the courts and revenue bonds, the state and/or 32 1 THIE!and Summary/Analysis REVEENUIE BONDS. STATEWIDE VOTER APPROVAL PROPOSITION doft INITIAPIVE CONSTITUTIONAL AMENDMIENT. 53 ANALYSIS BY THE LEGISLATIVE ANALYST U,a N T I N U E.3 local governments might -take other because the private company would actions to meet the concerns the need to make a profit on the project. project was intended to address. Also, the private company would They might (1) replace the large probably pay higher interest rates than project with other smaller projects, the state. The private company Would (2) perform other activities that likely pass these higher borrowing costs Would reduce -the need for the on to the state. project, or (3) find other ways to Some Actions Could Result in Lower pay for the project instead of using Costs. Other types of responses could revenue bonds. These actions could result in lower state and local costs. For result in either higher or lower net example, state and local governments costs depending on the specific might find ways to make better use of alternatives that governments existing infrastructure. For instance, pursued and how they compared to local water agencies might implement the original project proposal. water conservation measures, which Some Actions Could Result in Higher Could reduce -the need to build new Costs. Some types of government and dams or other projects to provide more voter response to this measure could water. If existing infrastructure could result in higher costs for the state and meet the state's needs adequately with local governments. For example, it these types of actions, there would be could be more expensive in some cases savings from not having to spend the for state and local governments to money to build a new project. complete several smaller projects than 1-he state also could fund a project it would have been for the state to build in a way that might be cheaper than the original large project. This could using revenue bonds. For example, -the happen if the large project was a more state could borrow money using general efficient way to meet the concerns that obligation bonds. While state general the project addressed. obligation bonds require voter approval, The state also could fund a project in a there would be some savings because different way than revenue bonds that they have lower interest rates than might be more expensive. For example, revenue bonds. the state could partner with a private Visit http://Www.sos.ca.govlmeasure-contributions company that would sell bonds to fund for a list of committees primarily formed to support the project. The state would then have or oppose this measure.Visit http://Www.fppc.ca.govl to pay back the private company. this tratisparencyltop-coittribiitorslnov-16-gen-vDittnl could result in higher costs for the state to access the committee's top 10 contributors. For the?ful!text of Propos itior 53, sec page 123. Title anSUIT-nary;Ana'v5i5 33 PR»mxm»w REVENUE BONDS. STATEWIDE VOTER APPROVAL 53 |N|TIAOVE CONSTITUTIONAL AMENDMENT. * ARGUMENT IN FAVOR OF PROPOSITION 53--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ProposiLion �3. the Stop Blank 'Checks initiative. iu Proposition 53 STOPS POLITICIANS FROM LYING about simp|e. It only does Lwothings: the real cost ufstate mega.-projects. Willie Brown, once l) it requires California voter approval for STATE projects thesLeLe's most powerful politician, wrote that |owbe||inQ that Would use over $2 billion in state revenue bonds. ini|tia| budgets is commonplace with public pro�cts. He 2) BEFORE THA�VOTE, it ensures full disclosure o the said, 'The idea iauQLQuin8� Start digging hole and make it so b� the 's no alternative to comin8up with TOTAL COST of any-teLe revenue bond project greater than $2billion. the muneytofill it in ^ Cur' enth\ other state bonds for water, school and Despite the scare taoticsofthe politicians, bureaucrats �nanspo�adon pvo�cb nequi�e«oLerapprova| But o and co nadons that reed o� of the otate's public debt. loophole in sta1e law politicians unaccountable Proposition 53 DO�S NOT |K�R4�TLUCAL PROJECTS. the - �� Unive,uityofCa|ifomia' freewayconstrucbon or needed state egendesLocircumvent a pub|ic vote and borrow BILLIONS in state revenue bond debt for massive state response after a natural disaster. projects WITHOUT VOTER APPROVAL. Proposition P iti 53 SIMPLY APPLIES THELONG-STANDING Pnoposib:n 53 will STOP POLITICIANS 'ROM ISSUING CONSTITUTIONAL PROTECTION against politicians BLANK CHECK DEBT to comp|ete bi||ion dollar state imposing higher debt without vote.r approval to MASSIVE boondoggles. Take California's 8T7TEREVENUEBONO8ia'sbu||et �rain� They us i� . would cost California taxpayers O bi||ion. Now we know Proposition 53 just ENSURES FULL BUDGET i� D|SCL0�UREANDVUTERAPPRUVALof /� 'sQoin��o cost more �6O billion! Yet, you don't state revenue have e right to vote on that huge increase! bonds for California's meQa-bucks projects that will affect Right now, there is NO VOTE BY THE LEGISLATURE future generations. OR THE PEOPLE required to issue these massive J:in California's leading state and local taxpayer state mega-bonds. Unelected and unaccountab|e state organizations, small businesses' working fami|iesand bureaucrats have all the power and you have to pay nearly one mi|!ion Californians who put Proposition 53 on through higher water ru1esor increased fees! the ballot. Vote YES on 53! Proposition, 53 says IF YOU HAVE TO PAY, YOU SHOULD D|NOCORTOPASS|, Retired farmer HAVE ASAY ]ONCDUPAL. President P��usiiion 3 �|VES YOS AVO!CE AVOTE Howard ]um�sTaxpayers Association _ ,—' � _ added TRANSPARENCY, and it HOLDS . OL|T!�|ANS JOHN MCG|NNE8S, Elected. 8herifi (Retired) ACC0UNTABLE. That's i1! Reed the initiative foryourse|f. * REBUTTAL TO ARGUMENT |N FAVOR OF PROPOSITION 53 Pmp. 53 doesn't give YOU a sey. Quite the opposi1e� hoopite|sLo make them earthquake safe. Pp� 53 erodes the ofyour PROP. ;ISOF� ASELF-|NTER�STAB�SE TH �o E community. Please read it for yourself. |N|T|AT|VE PROCESS PROP. 53 ERODES LOCAL CONTROL BY FORCING Prop. 53 is a multi-million dollar attempt t: stop :ne STATEWIDE VOTES 0N SOME LOCAL PROJECTS sin�eproj�ct� �� annota||mmonew�||-f|nanced Local QovernmentQnoupy ne euenL�8Ca|ifomio'ycidea. individual �oabuse �he initiative process and jeopardize counties and local water districts, including tile League vital ini/au1ructure and uuf*iy prcJecLs around the state. of California Cities and Association of California Water PROP. 53 IS OPPOSED BY BRUAD, B!PART|8AN Agenuies, oppose this measure, warning it could give COALITION OFORGAN|ZA"IONS INCLUDING: voters |n �urawey regions the power todeny local projects * Ca|ifomie Professional Firefighters w California State your community needs. Sheriffs' Association * 's'ci |un oi Ca|ifomiaWater PROP. 53 DOES NOT INCLUDE AN EXEMPTION FOR A8enciesw California HospiL | Association a League of EIVERGENC|ES/D|SASTERS California Cities « Finefi8hters, paramedics. family farmers, California Professional FinehLhteo warns Prop. 53'u failure environmenLe|ists, nuryes, cities. counties' local! water Locuntain an exemption for emergencies de districts. and law enforcement. y��ubr/ity to rebuild orifica/ irifiasbocbure fo www�NuProp53,num earthquakes, wi/dhres �oodsurotherna�uns/ ��s�erm�^ ' LOUPAULSON. President PROP. 53 VYOULDJEOPARD|ZE MUCH NEEDED California Professional Firefighters REPAIRS TO WATER SUPPLY, BRIDGES, AND OTHER KEUTHOUNN ExecutiveDiructor CRITICAL INFRASTRUCTURE ' So|f-He!p Counties Coalition Prop, 53 will jeopardize your community's ability tofix SHERIFF DONNYYOUNQBLOOO President aging infrastructure, including improving water suPP�, California State Sheriffs' Ass" oio�ion making bridge and freeway safety repairs, and renovating ` 34 1 Ar8uments A9wmxois Printed av"his pagvoe the Opinions o/@oxxfhor,�.and/svp not beavchooked for scrvscy/ysq'C,oficia/ageocy REVENUE BONDS. STATEWIDE VOTER APPROVAL PROPOSITION |NITIAOVECONSTITUT|ONALAMENDMENT. ARGUMENT AGAINST PROPOSITION 53 PROP. 53 ERODES LOCAL CONTROL AND CONTAINS NO Our communities already suffer fmm a masaive back|ug EXEMPT0N FOR EMERGENQEO/NAJURAL0OAOTERO of !local infrastructure needs ind dingim m i ter Prop, 53 is opposed by a broad b�a��un coalition /r supply and delivery, maK/ngsa!ety repairs to b,g . organizations including California Profeasiona| Fin��hie/s, overpassesd freeways, d renovatingcommunity Ca|iiomia Chamber of Cummerce, Ca|ifom|a Hospital hospitals to make them earthquake saYe. Prop. 53 will Association, finafiRh1ers, peramedics, fami|yfa,meo' jeopardize local communities' ability to repair aging environmenLa|iyia. nurses. !aw enforcement, and local infrastructure. The California State Sheriffs' Association goveri-iments b iI. would erode local control says: ^Reliable/nfrystruci ure is critical to public /e and jeopardize vital infrastructure improvements in This measure erodes local control and oneates new hurdles communities across California. that could biookcmnn/un/beyfrur ding critical ERODES LOCAL CONTROL 8Y REQUIRING 3l-ATEYY|DEVOTE infrastructure such asbridges, water sysbems and hospitals. ^ FOR SOMELOCALPR3jECTS FINANCED AND PROMOTEDBYMULT| M|LL|DNA!RE WITH A Groups representing California's cities, counties and local pERSONALAGENDA water agencies, including League ofCu|ilorniu Cities This measure is financed entirely by one multi-millionaire and Association, of California Water Agencies, all uppose and his family, ho are spending millions :in an attempt to Prop. 53. Under this meaau,e, ciiiea and towns that come disrupi. e sing|eweter infrastructure project. Irrespective Logether to form e joint -powers agency orsimilar body of one's position on that single project. his initiative has with! tile state to build needed infrastructure could have to fo �eochin�. negative imp!icationoforother infrastructure puttheir |oca| projectun estetewide ba||o�� Tha� meens p/ojectsthrou8hou Ca|i�ornia� �� cannoLa||owone. voters in faraway regions could veto some local projects mu|ti mi|!ionai'eto abuse the initiative system to push his your community needs and supports—like water storage or narrow personal agenda. brid8eoaf�; repoirs--eventhuu8hihooevotersdun'� uae OPPOSED 8YA BROAD BIPARTISAN COALITION: or care abouLyour local improvemen1y. * California Professional Firefighters m (California State NOEXEMPT ION FOR EMERGENCIES OR NATURAL D|3A3TERSSheri Sheriffs' Association � Association of California Water California Professional Firefighters, representin6a 30000 Agencies w League of California Cities « California Hospital nren8nreoano paramedics, warns: "Prop. 53 /nesouns/oO/ Association a California Chembe,of Commerce ta/b 6o contain an eaenrVion for natural d�us/eryur/na�ur Prop. 53 is a misguided measure that: emergencies. That�e couldability � —�—�- - -- �� --- — -- ---- - m Erodes local control by 'equirin8a statewide vote to rebuild critical infrastructure foliowing earthquakes, on some local projects. ° Disrupts ability 10 build wildfires, floodsur other natural orman- nade disasters, m critically needed water storage and supply. e Contains no THREATEMS WATER SUPPLY AND DROUGHTPREPAREDNESS exemptions foremergencies/natu,a| disasters. The Assoc ia1ion of California Water Agencies says: Ww�NuP�p53cunr ' 9) n 53cou/d threaten � wide xy f/oca/ wmher � prp/ects including storage, desalination, recycling d LOU PAULSON, President other vital Ls bo protect our water supply and access California Professional Firefighters /nn/e�n' yufed�n�/�� we/ec Prop 53wi// defin/be/y T|MQU|NN. Executive Director impede our ability to prepare for future droughts.^ Association of California Water Agencies JEOPARDIZES ABILITY TO REPAIR OUTDATED MARK GH|LARDUCC|JDrector |NFRA3TRU�TURE Ca|ifo,nio Office of Emergency Services * REBUTTAL TO ARGUMENT AGAINST PROPOSITION 53 * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Proposition 53 trusEsvo1ers. P,uposiLion 53'soppunen�s decide by simple majohtywhe�herLoapend �l7 billion are afraid of voters. to tunnel water under the Delta to Southern Ca|iiorniu. OPPONENTS INCLUDE SPECIAL |NTERESTS WHO PROP. 53 WOULD HAVE TRUSTED VOTERS to decide HAVE FOUGHT�AX REFORM FOR DECADES, EVEN whether extravagant design changes or.. the Bay Bridge PROPOSITION 13. They inc|ude insiders who profit from were worth $5 bi||ion in cost overruns and outrageous tolls massive state revenue bond prujects, and politicians and that workin8 families can't afford. bureaucrats who don't trust you to decide whether to Prop. 53 clearly exempts |ocu| projects. Read it yourself at approve boondoggles like the $64 billion bu||ei.train and m/ww.yISon53.co/n. ihe $6 bi!|ion Bay Bridge fiasco, that now requirey $6tolls. TheSacramento Bee said Prop. 53 won't hurt disaster |FTAXPAYERS HAVE TO PAY THEY SHOULD HAVE A relief because '' emergency repairs are bodibona0y SAY! Prop. 53ho|ds politicians accountable by giving e paid for by the federal governnrentur other sources--[lot vote on state mega-projects paid for by state revenue bonds nevenue bonds.'' over$2 billion. Voters will have the right todecide, just IF YOU TRUST TAXPAYERS AND VOTERS more than as we do with all other kinds of state bonds. And Prop. 53 lobbyists, politicians and bureaucrats, VOTE YES ON fina!|y unmasks the tme cost of all mu|tibi|!ion dollar state PROPOSITION 33! bonds. PROP53 TRUSTS V0TERSto decide whether toapprove ]O0DOUPAL' President the massive multibillion dollar increase in the bullet Howard Jarvis Taxpayers Association Lrain's price tag. KA0EN K0|TCHOFF, Contre Costa County Supervisor PROP. �3TRUSTS VOTERS-----(California texpayera----- XX o AUQYHAMM|GAN, California Highway Patrol Commissioner (R*iired) PROPOSMOi`4 LEGISLATURE. LEGISLATION AND PROCEEDINGS. Im b4INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. OFFICIAL TITLE AND SUMMARY PREPARED BY T4E ATTORNEY GENERAL • Prohibits Legislature from passing any Allows recordings of legislative bill unless it has been in print and proceedings to be used for any i e purpose, without payment of published on the Internet for at least legitimate i p 72 hours before the vote, except in any fee to the State. cases of public emergency. SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE i • Requires the Legislature to make OF NET STATE AND LOCAL GOVERNMENT FISCAL audiovisual recordings of all its IMPACT: proceedings, except closed session i million proceedings, and post them on the One-time costs of $1 million to Internet. $2 million and ongoing costs of about i i $1 million annually to record legislative • Authorizes any person to record 1_.) meetings and make videos of those video legislative proceedings by audio or 9 meetings available on the Internet. deo means, except closed session proceed i ngs. ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND keeps an archive of many of these videos State Legislature Makes Laws. The for several years. The Legislature does California Legislature has two houses: not charge fees for the use of these the Senate and the Assembly. Legislative videos. The Legislature spends around rules guide the process by which bills $1 million each year on recording, i i i become laws. In this process, legislators posting, and storing -'these videos. Under discuss bills in committee hearings and current state statute, recordings of other settings. They often change bills Assembly meetings cannot be used for i i i political or commercial purposes. based on these discussions. Typically, legislators take several days to consider Legislature's Budget. The Constitution -these changes before they vote on 'limits how much the Legislature can i i whether to pass the bill. Sometimes, spend on its own operations. This limit increases with growth in California's however, legislators take less time to consider these changes. population and economy. This year, il 1 i Legislature"s Public Meetings. The State he Legislature's budget is about i $300 million-------less than I percent of Constitution requires meetings of the Legislature and its committees to be total spending from the General Fund i ing account). open to the public, with some exceptions the states main operating (such as meetings to discuss security PROPOSAL at the State Capitol). Live videos of most, but not all, of these meetings are Proposition 54 amends the Constitution available on the Internet. The Legislature to change the rules and duties of the 36 Tills and Summary/Analysis LEGIS€_ATURt.. LEGISLATION AND PROCEEDINGS, PROPOSITION INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. 54 ANALYSIS BY THE LEGISLATIVE ANALYST "aNTINUE.3 Key Changes That Wool Happen it Proposition 54 Passes a A. bill .Endu in Cheange's to that bill)�e5'vuid t;:Eve io e r",v it bib on ihe I n&,3mE4 f " €?c L,t? h_:i: EiT4?SM1f)3_i1.} have.to f?Efs i,`,ilfi?f fl Cff its €a13 tli.`.i i?r`. ii3fy 4.'.3£. K.`.t,ordi;,,d, These'qiekpos vccmk€d tilvi")fiki t'sf� tot at Niast 20 ij+�.n Legislature. Figure I summarizes of the public would be allowed to record the proposition's Ivey changes. The and broadcast any part of a public Legislature's costs to comply with these legislative meeting. Proposition 54 also requirements would be counted within changes state statute so that anyone the Legislature's annual spending limit, could use videos of legislative meetings Changes How State Legislature akes for any legitimate purpose and without Laws. If Proposition54 passes} a bill paying a fee to the state. (including changes to that bill) would FISCAL EFFECTS have to be made mailable to legislators and posted on the Internet for at least The fiscal impact of Proposition 54 Would 72 hours before the Legislature could depend on how the Legislature decides pass it, In an emergency, life a natural to meet these new requirements. The disaster„ the Legislature could pass bills € €ai€� costs of the proposition relate to faster. This could only happen, however, the recording of videos of legislative if the Governor declares a state of meetings and storage of those videos emergency and two-thirds of the house on the Internet. The state would likely considering the 'bill votes to pass the 'bill face: ��.� one-time Costs �� million faster. to millionto buy cameras and other Changes equipment and (2) �� l costs of Rules �l Legislature's annualabout $1 million for more staff and Meetings. If Proposition 54 passes, online storage for the videos. These videos of all of the Legislature's public costs would be less than I percept of meetings would have to be (1) recorded, the Legislature's budget for its own (2) posted on the Internet within operations. 24 hours following -the end of 'the Visit htt� meeting' and (�� do�p loadable from the �.�d�rr :$os.c�a.��ov�`, easu€�e-i;€ar�tributiofi$ for a list of committees primarily formed to support Internet for at least 20 Fears, (These or oppose this measure.Visit http:// ww.fppc.ca. ovl requirements would take effect beginning transparenc ltop-contr butorslnov 16-gen:v2 ht l January 1, 2018.) In addition; members to access the committee's top 10 contributors. ------------------------------- For the?ful!text of Proposition 54, see page 1,25. Title and SUHT-nary i Analysis 37 PR»mxm»w LEGISLATURE LEGISLATION AND PROCEEDINGS. 54 |N|TIAOVECONSDTUT|0NAL&MENDMENT AND STAJUTE. * ARGUMENT |N FAVOR OF PROPOSITION 54 Demucraty, Republicans and Independents agree it's time thereby making major policy changes with no public input. to PUT VOTERS FIRST, NOT SPECIAL INTERESTS. "Proposition 54 finally gives voters the uppe/ hand, not THAT'SVVHY DIVERSE GROUPS LIKE b\ the special interests, and improves the way business of'Women Voters ofCalifornia, Califonria Chamber uf iu done at our Sta-e Capitol."--RubenGuene, LA77N Com/nen:e, Ca/ifm/i/ State Coofenenceo/the NAACP bin BLIS/NESSASS0C/A770N d |smBux�esa�uaoc/a�mc\ California Common Cause, Howard Special interests and p hntfear voters .Jarvis might track frcm homewhat hap i the Legislature's California Funxenr, Los* Cna/noeru/Commerce, public meetings, Sacramentolobbyistsdon'tbe|ievethepeo�e Ca�fyn�/a �a and Cunxema�onLe4q�' and/nany canb�truste-withth|sinformoti --orw|thtimetuaotunit. oh\ecs, URGE YOU TUVOTE "YES" ON PROP, 54, Yet aixty-nine California cities representi rig 15 million PROP. 54 WILL: peop|e, and thirty-seven county boards ufsupervisors � Require every bill to be posted on!ine and distributed representin8 27 million people, a1readypost recordings of to |awmakoryat least 72 hours before each house Of their meetings online. the Legislature is permitted to vote on it (except when Our Legislature should catch Lip.theGovemordeu|aresan emergency). = Prohibit any "Proposition 54 will create more open, honest, and bill passed in violation of this 72 hour requirementf accountable Quvernment |t'ot|me to give voters a voice becoming |uw. w Make audiovisual recordings of ALL in the �pr ocess � CALIFORNIA K��h�yf�� L/FD� IA public legislative meetings. ° Post those recordings online C CAUSE within 24 houra, to remain online for ot ! ----'' east 2O years. w Guarantee the right uf every person to also record and CHECK /TOUT FOR yOURS£IFa/ yesPnopS4.o0g. YES broaduayt any open legislative meetings, * Require NO ON PROP. 54 is supported by good �overnment, minority, new taxpayer money. The Legislature's existing budget wi!| taxpayer, and uma|! bu�ine�y8,uu�� seniors, and voters cover this measure's minor oosts� from every walk of life, every political persuasion, and every corner of the state Proposition5� ke state � makes - - PROPOSITION 54 was written by constitutional scholars by STOPPING THE PRACTICE OF WRITING L/WVSPROMOTED BY SPECIAL INTERESTS BEHIND CLOSED DOORS AND and has been carefully reviewed and vetted by good FASSiN� THEM VV|TH LITTLE DEBATE OR REVIEW. ent organizations whoall agree Frup. 54 w�� , increase transparency. That's why special interests �0a have |onQ opposed the California Legislature's practice viQo,ous|y oppose it uf makin8 |o�� minute changes proposed laws before � |egis|ators, the press, and the pubic have had a chance PROPOSITION 5� will reduce special interest influence by ensuring every proposed new law iy subject to public toread and undarstandtham� Such p/ecticasnnakee rnocke ofdemoorocy."--FeherSchee� FD7STAMEND8�E7VT reviewand uomm*nt BEFORE |eQis!atorsvoto on it� COALITION Vote YES on Proposition 54. "Proposition 54 gives all people the opportunity toreview' HELE0 HUTCH|SON, President debate, and contribulLetothe laws-that impact us a||."--Alice League of VVomen Voters of California Huffman C4L/FDRN/� 3TATECD�FI77BVCEDF7��y��CP ' HOVVARDPENN. Executive Director Proposition 54 will stop the immediate passage of iegis|ation California Planning and Conservation Lea8ue that has been ''Qutted and amended''--a practice that 4LLAN 2A0EM0E0G, President replaces, at -the last minute' eveg/word of bill with new. �a|ifornia ChamberofCommaroa complex language secretly written by special intereyts, --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REBUTTAL TO ARGUMENT |N FAVOR OF PROPOSITION 54 * D!Q MONEY IS BEHIND PROP 54: DON'T DE FOOLED four Legislative Leaders that neQutiated it the prestigious Just look at its main backer: the California Chamber of Profiles in Courage Award" from the John F. Kennedy Commerce. This group—whose members include big oil, Library Foundation. m n� m eobac�o an Gpn - pt � . $4.3 MILLION lobbying the Legislature- last year, bankrupt. according tothe Secretary ofState. The Legislature needstowork better, not be hamstrung Frup, 54 will give these special interests even MORE by red tape. Prop, 54 unnecessarily requires the power in Sacramento. Legislature tu wait 3 days before passing a measure in its That's the reason one bi||ionaire, backed by big, out-of- "second houue," allowing special interests i�. state corporations, is bankrolling Prop. 54. California's legislative work is transparent. Any citizen, STAND UP 'TO BIG K8ONIEY. VOTE NOONPROP54. at any time' can view any bi|| via the Internet. Audio and California's most significant achievements often occur video is online free of charge. when Our elected representatives come to the table willing VOTE NO ON PROP. 54. STOP THE SPECIAL INTEREST to find areas ufoumpromise, Sometimes, powerful special POWER CRAB. interests don't get everything they want. ARTTORRE8. State Senator (Retired, One examp!e 'is the bipartisan 20019ytate budget jERi[YWSTAPLETON, agreement, historic action that saved California from California National OrQanization forVVom*n (NOW) bankruptcy. That bipartisan compromise updated� STEVEHANSE0 City Council Member �through the final hours prior to the vote It earned the ' City of Sacramento 38 1 Arguments Aogffsegfspxvado»III isvggoarp!he opif�iofo;/xhosut"f*s,arid have Pat`Ve � �� cA � w o�� omory/y any officia/agoq' L[C|SL� LE GISLATION AM �»�sm»w INITIATIVE CQNSTITUT0NAL AMENDMENT AND STATUTE. 54 ARGUMENT AGAINST PROPOSITION 54 * Propoui�ion 54 is your ba||o� ao|e|y beuauseone PROP 54 WILL INCREASE POLITICAL ATTACK ADS California billionaire, after spending millions of dollars Cu,ren law prohibits use of Legiy|ative proceedings Yingto influence California policy and e|ectiuns, is now in Political campaign ads. Prop. 54 eliminates that ru|e, using our citizen initiative process to pursue his own paving the way for millions of dollars in ugly campaiQn political agenda. attack ads that wi!| flood your Screen before each What is Prop. 54? It is a complicated measure that election. introduces unnecessary new restrictions on the way DON'T LETA BILLIONAIRE REVVR|`E CAL|FORNI|A'S |awa are crafted by the Legislature. It en,powars special CONSTITUTION FOR POLITICAL GAIN. interests under the guise uf "transparency", Who's behind this measure? Charles Munger, Ir------a Rather than promoting accountability, Prop. 54 will y|uw billionaire with a long history ofcontributinQ millions to down the ability for legislators to develop bipartisan candidates that o increased d ti funding, the solutions to our state's most pressing problems. minimum wage, plans to make higher education more For example, many bipartisan ba|unoed budget affordab|e, and other progressive issues—is theonly agreements, the Fair Housing Act (which ended housing dunortu Prop. 54. He has spent more than $5.5 million discrimination), and last year's bond measure to address to put �hi� measure on the ballot. California's drought |ike|y never would have happened if Don't let a single wealthy Californian bypass the this measure had been enacted. Legislature to rewrite our' ytate'sconstitution to his Prop. 54 will throw monkey wrench into the ability of own liking. Even the California Newspaper Publishers our elected officials to get things done. It will give special Association' which supports many of the concepts in interests more power to thwart the w||| of our elected this measure, has told the Capitol Weekly newspaper, it officials. It makes it more difficult to address state 'doesn't feel the |nit|alive process is a good way to deal emergencies. with public po|icy." DON'T GIVE SPECIAL INTERESTS EVEN MORE POWER. Prop, 54 is opposed by the California Democratic Party, VOTE NO ON PROP 54. dozens of e!ected officials, environmental, |abo: and While it sounds good, requiring the Legislature to wait other groups. 'three days before voting un a bi|| wi|| give powerful Vote NO on Prop. 54. Get the facts on iubbyiyty and wei|-1undedspecial interests timetolaunch www.NoOnProposition54.uonnandfo||owuyonTwitter campaignstoattack bipartisan compromises. Special @NoProp54 interests already have too much power in Sacramento. ��V�NK��V|�L|O �rop� �� wiU Qivethem mure. ' Ca|ifomians for an Effective Legislature PROP 54 WILL CAUSE UNNECESSARY DELAYS Anytime a comma is changed in a bill, lawmakers will now be forced to wait three days to vote on it, That will! mean unnecessary delays. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REBUTTAL TO ARGUMENT AGAINST PROPOSITION 54 * --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- A bill ever.y legislator arid every Californian has had 72 hours Association, Small Business Action Committee' San Jose/ to read will be better hi|| than one that they haven't, Si|icon Va||ey NAACP, Monterey County Business Council, This shouldn't be partisan question: it's just common and the Los Angeles Area, San Francisco and Fresno sense. Chambers ofCommorce. |n 2006 then-Senator Barook Obama sponsored, and As the SA/V FRANC/SC0 CHRONICLE declared about then-Senator Hillary Clinton co-sponsored, the "Curtailing Prop. 54, ''Let the record also show that thiy was Lobbyist Effectiveness Through Advance Notification, no partisan effort. Its advocates include a long list Updates' and Posting Act," o, "CLEAN UP Act'" which of respected reform groups such as Common Cause, called for each bi|| in the U.S, Senate to be ''avai|ab|e California Forward and the LeaQue ufVVomen Voters," to all Members and made available to the general Public Special interests sit through eve committee maetin8 in by meons ofthe |nte,netforat !oayt 72 houru before its Sacramento� 7h�'a�eadyknuwwhat bills live and die and cunside/ation" why' and who votes with aspecia| interest o, against it. What would work for the U.S. Senate, wvil/wurk for the The way to level the playing field is to record the public California Legislature. meetings and post online. Then we too will know. That is why PROR 54 IS ENDORSED BY A LARGE prop. 54 requires no new tax money. Prop. 54's minor BIPARTISAN' COALITION inc|udinQ the LeaQue of Women. ousts come out ufthe Legislature's operating budget. Voters ofCa|ifornia, Ca|ifornia Common Cause-, California To learn more. see yeaP�D5 � 4�o� State Conference of the NAACP, League of California Vote YESon Prop. 54. Cities, California Chamber of Commerce, Californians Aware' First Amendment Coalition, California Forward, TERESACASA23A. President Planning and Conservation League, California Black Ca|ifornia Taxpayers Association Chamber ofCommerce, California Business Ruundtab|e, TOM SCOTT, State Executive Director National Federation of |ndependentBuyineys/Ca|ifomia, National Federation of Independent Business/California Latin Business Association ofCa|ifurnia, Hispanic lOD. KA[HAYFENQ, Executive Direoto, Howard Jarvis Taxpayers Association, California Taxpayers Caiifornia Common. Cause Amwrr"a»upinmd ov this«aga are the��ioftx and have not beer,rhvd*d for accuracy kyaqvffiria/vgpilq, A,Gurnent5 1 39 PR0P00ON �� U�� U�� U�� o�� n��o�� o� n �nn� ��mn�� ^�� mo��nmm�r^mx�. 55 N�N�N��N�� N��N��N0 AMENDMENT. OFFICIAL TITLE AND SUMMARY pxEp«nen BY ms mmxwm uswmm w Extends bytwe|ve years 'the tempmary personal through 2030, depending on the eoonomyand the inoomatax increases enacted in 2Cl2 on aaminQu stooh market. over $25O,OOO (for single filers; over $500.000 for = Increased fundinQ for schools and community Joint filers; over $34D.O0U for heady of household). ooUe8es of roughly half of 'the revenue raised by ° Allocates these tax revenues 899X0to K—'.2 uuhoo!s �he measure. and ll% to California Community Colleges. = |ncneaaed 'funding for health care for low-|noome w A||ocates up to $2 bi||ion per year in certain years peup|e enQinQfmm $O to $2 billion each year, for healthcare png:a� depen estimates on decisions and �imates made by the * Bars use ufeducation revenues for administrative GovGovernor'so, main budge advisor. costs, but provides local school boards � Increased bud e d debm payments to decide, in open meetings and subject to annual ranging from $60 million to rouQh|y $l.5 bi||ion audit, how revenues are tu be spent. each year (in tuday'ydo||uns). depending primarily on the stock market. SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT: ° Increased state revenues ranging from $4 billion to $B billion each year (in today'y dollars) from 2018 ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND forms of income-----such, as salaries, wages, interest income, and profits fromthe sales of stocks and other assets. It consists ofseveral "marginal" tax rates, State Budget which are higher as income subject to the tax, or' Over Ha/fof State Budget Spent on Education, The state ''taxab!e income." increases. For example, in 201I collects taxes and fees from peop|eand businesses the tax on a married couples taxable income was and uses these revenues tofund programs in the state I percent on the first $14,532 but 9.3 percent on all budQet� This year, the state pianstospend abuut taxable |noome over $96,058. $122 billion from its main operating aocount' the Proposition 30. Proposition 30, approved by voters in Cenera| Fund� Asshown in FiQure l, over ha|fofthiy Nox*mber 2Ol2, increased income rates on high spending is for K-12 schools, community cu||e8es' income tax payers. As shown in Figure 2, depending and the state's public universities. About another on their income levels, hiQh inoometaxpayers pay once-quarter of this spending is for health, and human an extra I percent, 2 percent, or percent tax on services programs, the largest ofwhich ia tile state's part oftheir incomes. Theuo higher rates are in effect Medi'Ca| program. Most of the spending shown in the through 201.8, This year's state budget assumes that fi8urefor "various other programs" pays for prisons, the Proposition 30 inoometax increases will raise parole programs, and the courts. about $7 billion in revenue. Proposition 30 also increased the sta-esales tax rate byone'quarteroent Taxes f/om2OI3through 2016, Personal Income Tax Provides Most General Fund Education &oo/am T lie state'sGeneral Fund is supported ~ primarily by three taxes: the personal income tax, the Annual Required Spending un Education. T lie State sa|estax. and the corporate income tax. (We refer to Constitution requires the state tospend a minimum the personal! income tax simply as ''incometax" in amount on K—l2 schools and community colleges this ana|ysiy.) The inoometax is the most important each year. This ''minimum Guarantee" Qrowsover for the budQet, ao it pruvideyabouttwo-thirds time based on growth in state tax revenueu, the of all Genera' Fund revenues. The tax applies to most economy, and studentottendanue. This year. the state 40 1 nt|o and avmms,y/Analysis TAX EXTENSi0NT0 FUND EDUCATION AND HEALTHCARE m»nam»w |N|TINJiVEC0UTITUTONALAMENDMENT 55 ANALYSIS BY THE LEGISLATIVE ANALYST ouw//moEn Figure I Education Makes Up Over Half of $122 Billion State Budget 2016--17 General Fund Other Healflh and Con m, unity Colleges General Fundwii| provide over $5U billion Constitution Requires Minimum Amount Used for Debt the minimum guarantee. Local property taxes also Payments and Budget Reserves. TheConatitution contribute tuthe minimum Quarantee. requires the state tosave a minimum amount each year |n 'its rainy-day fund and spendaminimum ��edi-00l amount each yearLo pay down atate debts faster. Theannua| amounts used for debts and budget Serves Low-income People/o California. The K8edi-Cal reserves depend primarily upon �tatetox ,evenues pro0ram provides health care aamiuesto low-income . people. These services inc|ude primary care visits, In Particu|ar, revenues from copital gains money emerQeno; room visits, surgery, and prescription peop|e make when -hey sell stocks and other types of drugs. The program serves over l3 million people in proPerty--arean important factorin estimating how California--rouQh|yone-third ofthe popu|at|on� This muoh thesta�e must use for these purposes. year, the state will spend about $23 billion from the General Fund on K8edi-Cal. |n addition, 'the program PROPOSAL relies heavily on federal funding and receives some support -from otherstatesources. Th|a measure (l) extends for 12 years the additional income tax rates established by Proposition 30 and Budget (2) creates aformu|o to provide additional funds to ��FV�� O �� f ��0�Of�—d Debt the K8edi'Ca| program from -the 20I8—I9 state fiscal 'Yla/@+lay'"Reserves. Governments use budget year-through 2030-3l reserves to save moneyvvhen the economy iagood When the economy gets worse and revenues decline, Taxes governments use money that they saved to reduce the amountof spending cuts, tax increases, and other Income Taxes Increased on High-Income 7axpayenu actions needed to balance their budQety. Proposition 55 extends from 2019 2O30 For the?xu//exlo/Propoo/(/u:55, sec page zr8. nueanxaummi,y/Axs|y5i5 | 41 PROPOSITION TAX EXTENSION TO FUND EDUCATION AND HEALTHCARE. 55 INITIATIVE CONSTITUTIONAL AMENDMENT. ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED Figure 2 Income Tax Rates Under Proposition 30a Single Filer's Joint Filers' Marginal Tax Rate Taxable Incomeb Taxable Income® Base Rate Proposition 30 Increase Total Rate $0 to $8,000 $0 to $16,000 1.0% 1.0 8,000 to 19,000 16,000 to 37,000 2.0 2.0 19,000 to 29,000 37,000 to 59,000 4.0 4.0 29,000 to 41,000 59,000 to 82,000 6.0 6.0 41,000 to 52,000 82,000 to 103,000 8.0 8.0 52,000 to 263,000 103,000 to 526,000 9.3 9.3 263,000 to 316,000 526,000 to 632,000 9.3 1.0% 10.3 316,000 to 526,000 632,000 to 1,053,000 9.3 2.0 11.3 Over 526,000 Over 1,053,000 9.3 3.0 12.3 a Income brackets shown are rounded to the nearest thousands of dollars. Brackets are in effect for 2015 and are adjusted for inflation in future years. b Single filers include married individuals and registered domestic partners(RDPs)who file taxes separately. o Joint filers include married and RDP couples who file jointly,as well as qualified widows or widowers with a dependent child. Note: Income brackets for head-of-household filers are not listed, but those filers with taxable income of$357,981 and greater(as of 2015)also are subject to 10.3 percent, 11.3 percent,or 12.3 percent marginal tax rates under Proposition 30.Tax rates listed exclude the mental health tax rate of 1 percent for taxable income in excess of$1 million. the Proposition 30 income tax rate increases shown measure, Proposition 30's sales tax increase will in Figure 2. These increases affect high-income expire at the end of 2016. taxpayers in the state. Specifically, the measure affects the roughly 1.5 percent of taxpayers with the Medi-Cal highest incomes. Amount of Tax Increase Depends Upon Taxable Income. Creates Formula for Medi-Cal. Proposition includes a new state budget formula to provide more funding The amount of increased taxes paid by high-income for the Medi-Cal program. The measure requires the taxpayers would depend upon their taxable income. Director of Finance, the Governor's main budget For example, if this measure passes, a single person advisor, to determine each year from 2018-19 with taxable income of $300,000 would pay an through 2030-31 whether General Fund revenues extra 1 percent on their income between $263,000 exceed (1) constitutionally required education and $300,000. This works out to a tax increase spending and (2) the costs of government programs of $370 for this person. A married couple filing a that were in place as of January 1, 2016. If revenues joint tax return with taxable income of $2,0001000 exceed these spending amounts, 50 percent of the also would see their taxes increased under this excess (up to a maximum of $2 billion) would be measure. Specifically, this couple would pay another allocated to Medi-Cal. (This additional allocation 1 percent on their income between $526,000 and could be reduced somewhat in difficult budget years.) $632,000, an extra 2 percent on their income The measure states that these Medi-Cal monies between $632,000 and $1,053,000, and an extra should not replace existing General Fund support for 3 percent on their income between $1,053,000 the program. and $2,000,000. This works out to a tax increase of $37,890 for this couple. (These examples would be somewhat different by 2019 because tax brackets FISCAL EFFECTS would be adjusted annually for inflation.) Figure 3 summarizes Proposition 55's fiscal effects. Does Not Extend Sales Tax Increase. Proposition 55 The measure's increased revenues would be used for does not extend the one-quarter cent increase in the K-12 schools and community colleges, health care sales tax rate that voters approved in Proposition 30. services for low-income people, budget reserves, and In other words, whether or not voters pass this debt payments. After satisfying these constitutional 42 1 Title and Summary/Analysis TAX EXTENSi0NT0 FUND EDUCATION AND HEALTHCARE m»nam»w |N|TIXJiVEC0UTITUTONALAMENDIVIENT.55 ANALYSIS BY THE LEGISLATIVE ANALYST ouw//moEn requirements, remain|n� amuunty, ifan� wouid be to pradi�t� !� ia reauonab|etoasaume, hmwever. tha� avai|ub|eforanystate budget purpose� muQh|y half revenue raised by Pmpositiun 55 would goto schools and oommunityoo||e8aa. Taxes MeHi-Cal Revenue Ra�edby8&aooume Would Depend on Economy - and Stock Market. The exact amount of state revenue May Increase Medi-Co/Funding. The formula -for raised by Proposition 55 would depend on several added Medi-Cal funding would require the Director of Finance tu estimate annuai|yrevenues and spending.difficult to predict. A |a,8eyhareof As noted ea,|ie/ General Fund revenues are difficult high inoomotaxpayeru' earnings comeyfrom capital ' to predict. Similarly, in order to produce the spendin8 gains. These revenues depend heavily on future- stock estimates required by the measure, the Director of market and other asset va|ues which are difficult' Finance would ha:a �omake aysumptionsabout how spending on programathat were in p|aoe as of�anuary I, Fiscal- E' 2016wuu|d have changed over time, Additional &iedi-Cal funding under the measure, stook rrfarkl�t, therefore, would depend on deuisionsand estimates made by the Direotor of anti Community Colleges Finanoe. The amountofany additional Medi-Calfund|nQ under the measure could vary siQnifioant!yeaoh year, ranging from $O to $2 billion. Budget Reserves and dobt Debt Payments St Increases Budget Reserves and Debt Payments. As desc,ibed above, Proposition 55 predict. In addition, high-income taxpayers' earnings increases state tax revenues. HiQhe, ,evenues increase f!uctuatewith theeconomv. Thus. in a bad economic required debt paymentyand budget reservedeposits. and stock market year, the measure might raise The exact amount that the state would have to use for around $4 billion in revenue. When the economy payinQdovvn state debts and building budget reserves and stock market are good, -he measure might raise depends largely on oupita| gains revenues, which around $Q billion in annual revenue. In most years, aredifficu|tto predict. In bad stock market years, the amount of revenue raised by the measure would Proposition 55 could increase debt payments and be in between these amoun-u. (These amounts are in budget reserves by $6O million. In good stock market today'a dollars and would tend to grow over time.) years, Proposition. 55 could increase debt paymento and rosorvedeposits by $l.5 billion or more. Education Visit Sos.ca.gDKlVeDs87e-contributions Increases/n Education Spending. Hi8her state �ax for a list OfCO0Qli�ee8 primarily fD[0ned1Usupport revenues generally result in increased education or oppose this measure.Visit ht1p.1Www.fppc.ca.gov1 spending. The exact amount that the state must traDs9a 'CDi7&Oib8to9slnov-/6-gen'%2h0n/ spend on schools and community colleges inthe tO access the committee's top 1Ocontributors. future depends un several factors that are difficult For the?xu//text o/Propoo/(/u:55, sec page zr8. nueanxaumma,y/Axs|y5i5 | 43 PR»mxm»w TAX EXTENSION TD FUND EDUCATION AND HEALTHCARE. 55 |N|TIAOVE CONSTITUTIONAL AMENDMENT ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * ARGUMENT IN FAVOR OF PROPOSITION 55 * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Pro it| 55 prevents bi!|iona in budget cuts without music programs deep cuts during the recession. raising taxes by ensuring the wealthiest Californians Proposition 55 will help protect and restore those continue- to pay their share. 55 requires strict programs. = Makes college nnoneaf�vnab/e. Proposition accountability and transparency To ensure funds 8e- to 55 prevents cuts to California community colleges, the classroom. VVe can't afford to go back tothe days of preventing tuition increases arid helping make classes devastating cuts and teacher layoffs. more available to California's 2.1 million community Faut I: Proposition 55 does not ra|se anyone's taxes. coUe8e �tudentu� ° f�pandyhea/th caneauceeo for a Does not raise taxes on anymne. ip ch6�en� Hea|the, ohi|dren are healthier students, Too maintains the ourrent incoe tax rat* on couples earning many can't afford basic health care, meaning m over $500.0001 ayea,. w 0 theweu/th�u/ children miss school o, come to class sick, Proposition Californians who can most afford ensuring they 55 helps kids come to school healthy d ready to learn, continue tu pay their share oftaxes, 0 Low�/ua/eotex because all children deserve access to quality health. Under Proposition 55 all Californians' sa|estax are care, not just the wealthiest Ca|ifornians. reduced. California needs to keep moxingforwa,d. we can't afford Fact 2: Proposition 55 has strict transparency and to go back to the days of devastating cuts tu public accountability requirements to ensure eduoa�on funds schools, colleges, and health care. getTo -heo|assroum. 3U,OUO teachers were laid off, class sizes Qrew, and the ° Money goes &/ local schools and the Legislature can't cost of community colleges doubled. touch /� Striot accountability requirements ensure Governor Jerry Brown has said that we'll face even more funds designated for education gotoclassrooms, not to outs if Proposition 55 doesn't pass. bureauoraoyoradministrative costs. Authorizes criminal Proposition 55 gives Californians a clear choice: voting prosecution for any misuse of money. Mandatory YES protects our schools and children from massive outs/ auoYis and ab�ct�anspanyncynequ�ennenis. Local voting NO costs our schools upto $4 billion ayear. schuol districts muu- post annual accounting online to California's schools are stadinQto come back. Passing guarantee that Californians know exactly how and where Proposition 55 will ensure that our children won't face funda are spent. w Provides local control over school another round of cuts. 'The future of California depends fundil& Proposition 55 gives control to local school on the future of our children. boards to determine student needs. Because our children and schools no3tbermost. Faot3: Proposition 55 prevents upto $4 bi||ion in outs Details at wwwXesOn55.com to suhoo|a and continues to restore funding cut during the recession. JUST|NE F|SCHER. President a Proposition 55 he/ps address Ca�honn/a� bonn/ California State PTA teacher shortage. Theytate needs an estimated 22'000 ALEX]OHNSON, Executive Director additional teachers next ;eara|one. Proposition 55 Chi|d,en'a Defense Fund California gives local school districts the muneythe; need TOMTORLAKSON. California State Superintendent of tu hire teachers and prevent overcrowded o|asses. Public Instruction ~ Fropoy/bon 555 he(py restore arts and nnuy/c. Arts and --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REBUTTAL TO ARGUMENT |W FAVOR OF PROPOSITION 55 * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- TEK8P0RARY3H0ULD MEAN TEK8PORARY 2OI2-----a 52% |nurease. Voters supported higher income and sales taxes in 20I2 Schools are funded, and the state budget is balanced. because Governor Jerry Brown made the uommitmenT We have a $2.7 billion surplus and over $9.4 billion in Ihat they would be temporary. budget reserves. The state budget has asurp|uy, and these temporary Prop. 55's new and higher taxes aren't needed. taxes should go away, just like the Governor Promised, DON'T BE FOOLED BY SCARE TACTICS, PROP 55 IS PROP. 55 WILL HURTSMALL BUSINESS AND KILL NOT NEEDED. JOBS. 0ff|o|a| budQet estimates b;the state's non-partisan Prop, 55 will kiiUubs, u|use businesses, and hurt Legislative Analyst show that higher taxes are NOT the economy. It will raise taxes on California's small needed to balance the budget and fully fund schoo|s. businesses, and make |t even harder or to create Ca!ifornia can fund education, health care and state 800d paying 'oba. 8overnmentwithout new o, hi he,taxes, VVE CAN'T TRUST THE POL|T|C|ANS AND SPECIAL — INTERESTS VOTE NOON PROP. 55 The politicians and speuial interests know California is ]ON COUPAL. President NOT facing 'cuts to programs. T hey just want togrow Howard Jarvis Taxpayers Association government bigger by passing Prop. 55. Arid they are TOM SCOTT, State Executive Director using our kids and schools to scare voters into supporting National Federation of Independent Business-----California it. Don't be fooled. TERESACASAZ3A, President SCHOOLS ARE FULLY FUNIDED California Taxpayers Association Education spending haugrown by $24.5 billion since 44 1 Arguments Aogtisegfs ;/xhpsuth*s,avd/mveog�ei��o��owmo�/��9o��/�oq' TAX EXTENSION TU"FUND EDUCATION AND HEALTHCARE. PR»nommw |N|DATVECONSTITUTiONALAMENDMENT 55 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * ARGUMENT AGAINST PROPOSITION 55 * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |n 20I2, voters approved Proposition 30 tax increases the Legislative Analyst ahovvthat higher taxes are not because wewere promised they'd be temporary and end needed to balance the- budget. in 2017. We have adequate funds for schools and other critical Now special interests want to break that promise and ,equirements--wejust need politicians with the extend these tax hikes 12 more years. backbone to out waste and prioritize ourspend�g. That's nmttempo,ary. What vvedon't need is the |arQesttax hike |n California Here's the official 'title from the 2012 measure: histor� sending billions more tu Sacramento vvith no Prop. 30: TEK�pORARYtaxes tofund education, a000untabi|itytovoters. guaranteed local public safety funding. Initiative PROP. 55 TARGETS CALIFORNIA'S SMALL Constitutional Amendment. BUSINESSES WITH HIGHER TAXES FOR I2YEAR3 TEMPORARY SHOULD MEAN TEMPORARf T his measure targets small businesses who often pay Voters supported higher incomeand sales in 2OI2 taxes or.. their business incomethrou8h their personal only because Governor Jerry Brown promised -hey would tax return. Prop. 55 will kill jobs, close businesses and be temporary: damage the aoonom� . THE SPECIAL INTERESTS JUST VVANTK8OREK8ONEY THAT'SATEMPDRARYTAXAND' TOTHEEXTENT �08PENDTODAY THAT | HAVE ANYTH|NQT3DD WIT H |T WILL REMAIN TEKX�DRARY........Governor Brown, Sacramento Bee, 10/7/14 It's interests want a foir bet that Prop. 55 money will be spent to pay '-��--Governor Brown promised the higher taxes would only |ust pension benefits and other state debt rather than making a few years and , special it to the classroom or bui!ding roads. !t'|| be just like the -��-�� end. lottery we'll never know moneywent extend them 12 years—that'smore not "temporary." � D California's economy has recovered and we now have o VVECAN'TTRUSTTHEPOL|T1C1AN8AN SPECIAL BUDGET SURPLUS. INTERESTS WE DON'T NOTfaoingoutyto any programs now.NEED HIGHER TAXES The politicians and special interests know California is California has balanced budget, we've 'educed debt. 88 m ovement by passing Prop. 55`They — to ,uw '-�'the / — �state increased school upending, put bi!!iunu into California's tux increase ever. -�=--- ^',ainyday fund" and still have o $2.7 billion budget k it aoyouruaf� Californiahau a �2 7 billion surplus, surplus. Check ' Californiand over $g4 billion in budget ,eaemeuiata�as in more we need each � . �—that'u why the state budget recovered from a �ew and higher taxes aren't needed. ye ar $IG billion ion deficit in 201 to a $2.7 billion surp|us in : TEMPORARY 2016. MEANS TEMPORARY Education spending has soared by $24.6 billion since VOTE NIO ON PROP. 55--17'8 A BROKEN PROMISE 2Ol2--a52% increase, ]ON COUPAL. Pmsident K8edi'Co| spending has increased by $2.9 billion Howard Jarvis Taxpayers Association 13% increase. TD80 SOOTT State Executive Director WE CAN FUND EDUCATION, HEALTH CARE, AND STATE National Federation of Independent Business-----California COVERNI&iEN-11VV|TH0UT NEW OR HIGHER T�XES HON. QUENTlNLKOPR Retired Superior Court Judge Governor Brown has stated and budget estimates from --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REBUTTAL TO ARGUMENT AGAINST PROPOSITION 55 * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- VoteYES on 55. Help our children thrive. equi,ementsto ensure education funds Qoytraighttu Prop, 55 makes sure we won't 8o back to massive Cuts in the classroom: sohoo! funding. |t proteota �heeduuation and heo|th uf � Revenue is0uaranteed 'in theConatitution to8o into our children. aapeuia| account for sohoo|u and ohi|dren's health Proposition 55 dues not raise anyone's taxes: care that the Legis/atune can't bruch. ° Money will a Prop. 55 n,,aiinteiny current tax rates on the be audited every Audit findings t d at wealthiest Californians to ensure couples earning nrpnx'nac«pxop3u.ua.Bnu/yo taxpayers oan see how their i t Thstrict i t that more than ��OD.O0U a year continue paying their money aupen � � here a,erequirements y a share. w Propositiun 55 does not raise taxes on small funding must goto the c|osaroom. not administration or businesses. w Under Proposition 55 the state sales tax is Sacramento bu,eaucracy. w Proposition 55 authorizes reduced as planned at the end of2Ol5, criminal prosecution for miyuseofmoney. * The Pnoposition 55 poyuenbupto a $4 billion per year cut in continuation of the ounenttax rates on the wealthiest is .public school funding: subject to the vote arid will of the peop|e, w Proposition 55 helps address the teacher shortage ER|O C. HBNS. President and continues to restore the school funding that was �a|ifornia Teachers Association cut during the recession. ° California's high school BETTY l[ YEE. California State Contro!|er graduation rate rose -for the sixth year in a row. Prop. 55 ANN-LOU|SE &UHN5, President will help cuntinue the progress. California Ch|!dren's Hospital Association Yes on 55 has strict accountability and fiscal A.mwrr"a»upinmdov this«aga are thv��ioftxof and hvvav:rbemrlrvd*d fora;cLiwcykvar�vvffiria/vj�ptiq, A,Gurnent5 | 45 PR0P00ON CIGARETTE TAX �� n�^�n��nm� n�^ TO FUND mm�mn�onm�^�n*�� m�um"�� PREVE��K��N�� N0�� NTION, n^��nu�mn� o�� wn ENFORCEMENT 5K) N�N�N��N�� N��N�� U�� mnnmnmmnnmm� ��nmo�nm�� mn�n��mm��o «n�� mmnm�n�. OFFICIAL TITLE AND SUMMARY pxEp«nen BY ms mmxwm uswmm • Increases cigarette tax bv $yG existinQtoba000-funded programs and sales tax equivalent increase on othertubaoou products and revenues. e|eotmnio oi0a�t es containinQ nicotine. � Requires biennial audit. m A!!ucates revenues primari|yto increase fundin8 fur existing healthcare programs; a|�ofo, �oba000 SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF NET useprevention/ount,u| ~ tobacco-related disease research/law e 'foeme't, Univecaity STATE AND LOCAL GOVERNMENT FISCAL IMPACT. of California physician trainin8, dental disease * Increased net state revenue of 1111 billion to prevention Programs, and administration. Excludes $1.4 billion in 201.7-1.8 with potentially lower these nav�nuesfn�m Pm iti �8eduuatiun annual revenues over time. The'se funds would be funding caiou|ation requirements. aUocated to a variety ofspecific purposes, with ° |f tax causes decreased tobacco uo i n, most of the monies used to au tspendin� un transfers tax n�enueatoof�et decreases -o health care *or low-income Californians. ANALYSIS BY THE LEGISLATIVE ANALYST �� different purposes. Existingi t are estimated ---------- to raise over $8OU million in 20I5-I6. �i��[�ft� and �«hQ�� F0dU�t8 State Excise Taxes onB�er Tobacco PruVuu�' - - '-- - VVhUo excise taxes on other tobacco products are People currently consume different types of cigonette based on the excise tax on a Pack of cigarettes, and tobacco products: they are sumewhat higher due tuthe provisionsof • Cigarettes. Smoking cigarettes is the most proposition IO. Currently, the excise Laxeson other common way to use tobacco. tobacco products are the equivalent of $l,37 Per pack ufcigarettes. Revenuesfrom excise taxes = Other Tobacco Products. Other tobacco products on other tobacco products are allocated yo|e1y to can be ounsumed b smoking? = ''" Proposition 9g (1988) and Proposition lO (Ig98) of :ingestion. The include cigars' chewing funds for various purposes, as described in'Figure 2. tobacco, and other products made- ofor Undercurrent !aw, any increase in u�aneteexoise containin8 at least 50 percent tobacco. taxes uutomatica||y tr iva|en�inc,ease in • Electronic Cigarettes ttau0. These are excise taxes on. other tobacco products. battery-operated devices that turn specially designed liquid, which can contain nicotine, into avupo,. The vupo, is inhaled b;the user. Some e-cigarettes are yu!dwith -he Uquid, while others Figure I are sold separately from the liquid, Current Taxes an Tobacco These products are yubjeottoexcise Products and Electronic Cigarettes taxes (which are levied on a part|cu|ar product) and sales taxes (which are levied on a wide array of products), The excise tax is levied on distributors (such ouwho!eua!ery) while the sales tax is imposed at the time of purchase. As shown in Figure I, cigarettes and other tobacco products currently are subject to state and federal excise taxes aswe|| as state and local sales and use taxes (ya!eu taxes). E-cigore-tey are only subject to sa|estaxes. Existing State Excise Taxes an Tile current state excise tax iy87 cents fora pack of cigarettes. Figure 2 shows how the tax has inoreaoed over timeandSattery-operated de�iccs that turn specially clesigred liquid,which can contair ricotirc, how these revenues are allocated for 46 1 nt|o and avmms,y/Analysis CIGARETTE TAX TO FUND HEA13HCARE,TOBACCO USE m»nam»w PREVENTION, RESEARCH,AND LA�N'ENFURCEMENT INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. �m��m� ANALYSIS BY THE LEGISLATIVE ANALYST ouw//moEn -------------------------------------------------------------------------------------------------------------------- Figure 2 Alfucatio,n of Existing State Cigarette Excise Taxes but -�Atp Existing Federal Excise Taxes an Tobacco Products. As the numberuf individuals smoking i ret in The federal government also levies excise taxes on California has decreased, so has thetotal amountuf cigarettes and other tobacco products. Currently, the cigarette purchases by (California consumers. As federal excise tax is $l.OI per pack ofcigare�euand result, ,evenuesfrom taxes -on these purchases also varying amounts on other tobacco products. have declined. Existing Sales Taxes on Tobacco Products and The DPH recorts that e-cigarette use among California E-Cigarettes. Salestaxes apply to the sale uf adults was about 4 percent in 20l3, near|yduub|ing cigarettes, other tobacco products, and e-cigarettes. compared to the prior year. Becausee-cigarettey Sales taxes are based on the retail price ofgoods, are re!ative|y new products, however, there is which includes the impact of excise taxes. The |itt!e information to determine longer-term use of average retail price for u pack ofoiQurettes in e'ciAarettes. California iy close tu $5, Currently, the sales tax ranQesfrum -7�5 percent lO percent of retail State and Local Health Programs price (dependin8on the- u�yorcounty), with a - statewide average ofaround D porcont. Thua. sales tax- Med�CaLThe Depa�mentof Health Caio Services adds roughly 50 t t GO centsto the total cost administers California's K8edi-Cal pnog/am, which fora pack ofcigarettes. �he sales taxes un oigarettes, provides health care covera t l3 i||i low- other tobacco produuts, and a'oi8arettea ra|aaa about income individuals, or nearly one-third ofCa|ifomiana. �4OC million annually, with the proceeds going both With atota! estimated budget of nearly �A5 billion to the state and local governments. (about $23 billion General Fund) for2OI5—I6, K8edi Ca| pays for health care services such as hospital Adult Smoking Trends and inpatient and outpatient care, skilled nursing care, prescription drugs, dental oare, and doctor visits. E-Cigarette Use in California Some of the services provided in the K8edi'Ca| Most tobacco users in Ca!ifomia smoke cigarettes. pro2rarn are fur prevention and treatment of tobacco- According to the California Depo�ment of Public e|ateddiseases. Hearth (DPH)' California has one of the lowest odu!t Public Health Programs. The DPH administers and cigarette smok�grates in the country, The DPH oversees avvide variety of programs with the of repu�sthat about 12 percent uf adults smoked optimizingthe health and well-being of �a|ifomians� cigarettes in 2013, compared to about 24 Percent Ti lie programs address a broad ranQe of adults in I988. While cigarette smoking rates in of health issues, including tobacco-related diseases, California have steadily declined over the pastooup|e maternal and child health, cancer and other chronic decades for a variety of reasons, 'this trend appears diseases, infectious disease control, and inspection to have stalled in recent years according to DPH. of health facilities. Many public health programs arid nmnom� C|GAR8TE TAX T0 FUND HEAOHCARE.TOBACCO 'USE 5bPR EVENT ON, KESEAKCH.ANDLAIAIENFORCEMENT. lNlTIATIVE CONSTITUTIONAL Ari MENDMENT AND STATUTE. ANALYSIS BY THE LEGISLATIVE ANALYST nuw//moEn services are delivered at the ioua| |ewa|, while the PROPOSAL state provides fundin oversight, and overall strategic leadership for improving population health, For This measure significantly increases the stote's example, the DPH administers the California Tobacco excise tax on cigarettes and other tobacco products Control Program Proposition 99 pro0ram_- hat and app|iesthis tax to e-ci8arettes, The add|tiona| fundsactivities tu reduce illness and death from revenuaawould be used for various apecified tobacco-related diseases with a budQetofubout purposes, The major provisionsofthe measure are 111 described below. in . Recent Changes iU Tobacco-Related Laws New Taxes Imposed hy Measure The Legislature recently passed, and the Governor Increases Cigarette Tax by$2 Per Pack. Effective K�uiQn*d in oy 2015, new tobacco-related legislation April l. 2O17. theu-ate excise tax on a pack of that made �significant |aw. Figure3 cigarettes Would increase by $2-----from 87 cents to desoribey these changes. Also in May20l6. the U,S. $287 Food and DruQAdministration (FDA) issued new rules Raises Eqiiivalent Tax on Other Tobacco Products.Au that extend the FDA's regulatory authority tu include described earlier, existing law raquirestaxes on other e-ci8arotteu, cigars, and other tobacco products. tobacco products to increase any time the tax on These recent changes do not directly affect the state cigarettes goes up. Specifically, state law requires taxes on these products or the programs that receive the inoreaoe in taxes on othertobacoo productstu fundinQfrum these taxes. be equivalent tothe increase in taxes on cigarettes. Accordin8|y, the measu/ewou|d raise the tax on State �QGOdiO� �i00i� �Od other tobacco products u|so by $2--from $l�37 - Spending - (the current level of'Lax on these products) to an MiUi8@U[U Funding Level for Education equiva|ent tax of $3.37 per pack of cigarettes. The State Constitution contains various rules Imposes New Taxes oo d above, affeutinQ the state budget. Proposition 4, passed the state does not current|y inc!udeo-cigaretteu in by voters in 1979, establishes a state spending the definition of other tobacco products forpurposes limit. Proposition 98, passed in 1988. estab|ishey a of taxation. The measure changes the definition of minimum level of annual funding for K-I2 education "other tobacco produuty" for purposes of taxation to and -the California Community Colleges. include e-cigarettesthat contain nicotine or liquid with nicotine (known as e-liquid). ChanQ|nQthe definition in this way causes the $3.37 equiva|enttax to apply tothese products aowell. Recent Changes in Tobacco-Refated Laws- lj LIE 48 | nuo and avmmsry/Analysis CIGARETTE TAX TO FUND HEALTHCARE,TOBACCO USE PROPOSITION PREVENTION, RESEARCH,AND LAW ENFORCEMENT. INITIATIVE CONSTITUTIONAL AMENDMENTAND STATUTE. 5 ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED How Would Revenues From New Tobacco and only be used for purposes set forth in the measure, as E Cigarette Taxes Be Spent? described below. (Revenues from applying the $1.37 per pack rate on e-cigarettes, however, would support Revenues from the cigarette, other tobacco product, Proposition 99 and Proposition 10 purposes. This and e-cigarette excise taxes that are increased by would be new revenue to these funds.) this measure would be deposited directly into a new As shown in Figure 4, the revenues would be special fund. Revenues deposited in this fund would allocated as follows: Figure 4 How New Tax Revenue Would Be Spent Program or Entity Amount Step 1: Replace Revenues Lost Existing Tobacco Tax Funds Determined by BOE Replace revenues lost due to lower tobacco consumption resulting from the excise tax increase. State and Local Sales and Use Tax Determined by BOE Replace revenues lost due to lower tobacco consumption resulting from the excise tax increase. Step 2:Tax Administration BCE—administration 5 percent of Costs to administer the tax. remaining funds Step 3: Specific Amounts for Various State Entitiesa,b Various state entitlesenforcement' $48 million Various enforcement activities of tobacco-related laws. UCphysician training $40 million Physician tralningto Increase the number of primary care and emergency physicians in California. Department of Public Health— $30 million Educating about preventing and treating dental disease. State Dental Program California State Auditor $400,000 Audits of agencies receiving funds from new taxes, at least every other year. Step 4: Remaining Funds for State Health Programsa Medi-Cal—DHCS 82 percent of Increasing the level of payment for health care,services,and treatment remaining funds provided to Medi-Cal beneficiaries. DHCS cannot replace existing state funds for these same purposes with these new revenues. California Tobacco Control Program— 11 percent of Tobacco prevention and control programs aimed at reducing Department of Public Health remaining funds illness and death from tobacco-related diseases. Tobacco-Related Disease 5 percent of Medical research into prevention,early detection,treatments,and Prograrrl remaining funds potential cures of all types of cancer,cardiovascular and lung disease, and other tobacco-related diseases.The PC cannot replace existing state and local funds for this purpose with these new revenues. School Programs— 2 percent of School programs to prevent and reduce the use of tobacco California Department of Education remaining funds products by young people. a The measure would Nmidthe amount of revenues raised by the measure that could be used to pay for administrative cost,to be defined bythe State Audltorthrough regulation,to not more than 5 percent. b Predetermined amounts would be adjusted proportionately by BOE an nualIY beginning two years after the measure went into effect if BOE determines thatthere has been a reduction in revenues resulting from a reduction in the consumption of cigarette and tobacco products due to the measure. c Funds distributed to Department ofJustice/Office of Attorney General($30 million),Office of Attorney General($6 million),Department of Public Health ($6 million),and BOE($6 million). BOE—Board of Equalization,UC—University of California,and DHCS=Department of Health Care Services. For the full text of Proposition 56,see page 134. Title and Summary/Analysis 1 49 nmnom� C|GAR8TE TAX T0 FUND HEAOHCARE.TOBACCO USE 5bPR EVENT ON, KESEAKCH.ANDLAIAIENFORCEMENT. lNiTIATIVE CONSTITUTIONAL AM MENDMENT AND STATUTE. ANALYSIS BY THE LEGISLATIVE ANALYST nuw//moEn ~ Stop One. �he measure requires that new provides independent assessments of the Ca|ifomia revenues raised bytha measure first be used Qovernment'sfinano|a| and operational activities, to replace revenue losses to certain sources would receive up to $400,000 annually to cover costs "existing state tobacco funds and sales taxes) incurred from conducting these audits. that occur aaa result ofthe measure. These RevenuesLimit and revenue losses wou|d occur due to lower �~~~r^''~^ ~^~^~ ~'~^~'''s consumption of tobacco products due to the Minimum Education Funding Levai Pro puy|tiun 56 higher exuisetaxes, amends the State Constitution to exempt the measure's revenues and spending from the ytate'o constitutional w Step Two. The State Board of Equalization would spendinQ |im|t. "This constitutional exemption is then receive up to 5 percent of 'the remainin8 y|mi|artoonesa|ready in p|aoefor prior, voter-approved 'funds to pay for administrative costs to increases in tobacco taxes.) This measure also exempty implement -he measure. revenuesfrum minimum funding requirements for ° Step Three. The measure provides specified state education required under Proposition 98. entities With fixed dollar amounts annually for Specific purposes, as described in Fi8ure4� �N��U �� ° S0�/FouuThe remaining funds would be FISCAL ° ��"� a||ocated--uyinQspecific percentages-- or This measure would have a number of fiscal effects vanous programs, primarily to auQmentspend�Q un state and |oca| �nto� The major impacts of Oil health care aemiuesfor low-income |ndi;idua|s this measure are discussed below. and families covered by the K8edi-Cal program. Impacts OOState and Local Revenues Other New Excise Taxes Would Increase State Revenue by RequhredAuuVts' The California State Auditor would Dwer$/ Billion/o20/7-18. This measure would raise conduct audito ofaQenciey receiving funds from the between $1.3 billion and $1.6 billion in additional new taxes at least every other year. The Auditor, who state revenue in 201I7—I8--thefirst full year ofthe How Estimated Revenues in 2017-18 Would Be Allocate� -------------------------------- Estimated Net Reverwe to Be Allocated $1j)40 $1,411) Tax Admijiisttation Eoafd of spetMr,Amounts Aflocited to state Entities 50 | nt|o and avmms,y/Analysis C|iGIARETTE TAX TO FUND HEA13HCARE,TOBACCO USE m»nam»w PREVENTION, RESEARCH,AND LA�N'ENFURCEIVIENT |N|T!AT|VECONST|TUT!UNALN@ENDMENTANDST4TUTE� �m��m� ANALYSIS BY THE LEGISLATIVE ANALYST ouw//moEn measure's implementation. The excise tax increase counterfeiting, smugg|ing, and the unlicensed sales would result in higher prices for consumera. As a uf cigarettes and othertobacoo products. Such reuu!t, consumers Would reduce their consumption enforcement efforts would increase the amount of of cigarettes and other tobacco products, indudin8 tux revenue. The funds also would be used to support e-cigalrettes. OVIany consumers might also change the efforts to reduce sales of tobacco products to minors, way they buytheue pmduotato avoid the tax.) The which would reduce revenue collection. As a result, rango in potentia! new revenue reflects uncertainty the net effect on excise 'Lax revenue from. these about how much consumers will reduce their enforcement activities is unclear. In addition, while purchases :in response to hiQher prices. The low-range cigarettes nd other tobacco products-----ay currently estimate ($1.3 billion) ausumesuonsumers have defined—are covered by federal laws to prevent tax stronger reuponse to the tax than, under the high-range evasion, re-cigarettes are not covered. As a result, estimate ($1.6 billion), In future years, revenues enforcement of state excise taxes on e-ci8arettaa may may decline relative to 2Ol7-l8 due tu changes in be more challenging ifconyumers Purchase more of consumer choices. these pmduuty online to avoid the new taxes. Generate Excise�^�~-~ �u��m�Revenue for Existing e �� E ~-� tteAlsoTobacco Funds. Impact OU State and Local GOVe[O00eOf As noted earlier, 'the measure expands thedefinition Health Care Costs of other tobacco prod produ ctsto include - i tt This change makes e- �arettaasubaottoth taxaa passed �hey�ate and |oual governments in California 'incur byvoters in Proposition gA and Proposition IO. As a costsfo, providing (I) health care for low-income result, the funds supported by 'those two propositions and uninsured peryunsand (2) hea|th insurance would receive additiuna| revenue due to this measure. coverage for state and local government employees This additional revenue likely would be |n the tens of and retirees. Consequently, changos in state law Such millions of dollars annually. as those made by this measure that affect the health of the general population wou|d also affect publicly Over$1 Billion in funded health, care costs. or State Health Programs. Figureestimates the Fu/ examp|e as above this measure amuuntotfundinQea�h pn�8em and government ' ' agency wnu|d receive from the new tax revenues in result in a decease in the consumption of tobacco 2017-18. After covering revenue |ouaeu reSUlfillg products as a result of the price increase of tobacco from the measure, the revenue available for specific products. Further, this measure provides funding for baeto nd cessation pruQramy, and to the funded by the meaoure- most|y health �tentthese programs are effective, this would furtherpn��ams--�ou!d bebe�ween �I billion and ' $1,4 billion. !foigaette use continues todecline, decrease consumptionof tobacco products. Tho use of these amounts would be somewhat less in future tobacco Products has been linked to various adverse years, In addition, much of the added spending on health effects - -- byitihefede:a| health author|ties and numeouyacientfostudieu� Thus. -hiumoaaurewou ldhea|th pro= -� vou|d generate additional federal 0 - the state. As a resu|t' state and local eduuestat� and local Qovernment health. care spending Q th d di�|b toa000'reaa diseases over e long term governments would collect some additional general on . tax ,evenue, �his measure have other fiscal effects that of�etthese cost savings. For example, state and local Potentially Little- Effect on State and Local Sales Guvemmentovvuu|d experience future health care and Tax Revenue. Higher cigarette and uthertoba000 social services costs that otherwise would not have product prices would increase state and !oca| sales occurred as resu|tuf individuals who avoid tobacco- Tax revenue if consumers continued to uyuimi!ar u related diseases living longer. Further, the impactofa amuu these products However, consumers� tax on e-o|Qaretteson health and the associated costs wouid buy less of these products as prices increase over the long is unknown' because e -ci8a,e�esduatothe measure's taxes, Asa result, the effect of the measure on ya!eatax evonuecould be positive, arere|ative|y n 'impacts of a'o�arettea are still being studied. Thus, the net long- negative, or generally unchanged, depending on how term fiscal impact of this measure on state and local consumers react, Under measure if or' government Costs iyunknuwn. !oca| 8ovemments received less sales tax revenue ay a result of the measure's taxes, those |uasey would be ^^''''''~~' � � ' Visit �� gDKlVeasURe'CDn&O�V�ons replaced by the revenue raised by the measure. for @ list 0f committees primarily formedƒ0support Effects on Excise Tax Collection. Asdescribed in OrQppO3�thi30�8SUr� Visit foo�c�goK/ Figure the measure would provide additional ' "'+,'�== '' funding to various state agencies to support state |avv tra80Ya -CUnbnib8bDsln0;-/6-gen-K2hhm/ enforcement. These funduwould be used �oauppo� tQ access the committee's top 1Ocontributors. increased enforcement efforts to reduce tax evasion, For the?xu//exlo/Propoo/(/u:56, sec page z34. nueanxaumma,y/Axs|y5i5 1 51 PR»mxm»w C|GARETTETAXTD FUND HEA�HCARE.TOBACCO USE PREVENT0N. 8ESEA8CH.AND LAIN ENFORCEMENT. 5 6 INITIATIVE CONSTITUTIONAL AMENDMIEMT'AND STATUTE. * ARGUMENT IN FAVOR OF PROPOSITION 56---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Tha American Cancer Society Cancer Action Network, PROP. 56 HELPS PREVENT YOUTH SMOKING American Lung Association |n California and American Increasing tobacco taxes reduces youth smukinQaocurdin8 Heart Association areaponaor|n8 Prop. 56 because taxing to the U� SurQeun General, Yet Ca|ifurnia has oneof te |tobacou saves lives by uwesttobaccotaxeo nationwide. �his year alone, an smoking. estimated 15,800 California Youth w||i start smoking Get the facts ot yey0n56.o0g, one-third of whom will die from toba000 re!ated diseases. VOTEYES ON PROP. —56 TO KEEP KIDS FROM In every state that has significantly raised cigarette taxes SMOKING AND REDUCE TOBACCO RELATED smoking rates have gone- down. Prop. 56 is so important HEALTHCARE COSTS because- it helps prevent youth from becoming lifelong Tobacco remains DEADLY' COSTLY Product that hurts addicts and will save lives for future generations. ail Californians-----even those who dun'tsmoke. PROP. 56 FIGHTS BIG TQDACCO'S LATEST SCHEME TO a Each year, tobacco causes more deaths than guns. TARGET KIDS car accidents, HIV, a|coho|, and illegal drugs combined. Electronic cigarettes are Big Tobauco's latest effort to get Tobacco isthe #I cause of preventable death--ki||in8 kids hooked on nicotine. They know that QOY& of smokers 40,000 Californians annually, * Each year, tobacco re|ated start as teens. Teensthot use e cigarettesaretwioo as hea|thcare costs Californian taxpayers $3.58 BILLION. likely to start umukin8traditiona| cigarettes. That's why At 'the same time, Bi8Tubacco has made billions in every major tobacco uorporation now owns ot least one profits off California and is still trying to hook future e cigarette brand, Some e ciQarettes even target children generations intua lifetime of addiction. They know with p,edato,ythemes like Ba,bie' Minions and Tinker Frup. 56 will prevent ;outh smuk|nQ, That's why they'i| Bell, and flavors like cotton oundyand bubb|e8um. spend millions uf dollars to defeat Prop. 56: to protect Prop. 55 taxes e-cigarettes just like tobacco products, �he|r profityat Our expense. preventing our kidsf/om 8etting hooked on this addictive, PROP. 56 WORKS LIKE A USER FEE, TAXI NC 'TOBACCO TO costly, deadly habit. HELP FAYFORTDDACCORELATED HEALTHCARE COSTS PROP. 56 |NCLUDESTOUGH RANSPARENICY AND Prop. 56 increases the tax on c|Qarettes and other ACCOUNTABILITY MEASURES tobacco produots, including electronic cigarettes. Prop. 56 has built-in safeguards, including independent The only people vvhovvi|| pa are those vvho use tobacco audits and strict caps on overhead spending and products, and that monuywi|| fund already existing administrative costs. And Prop. 56 explicitly prohibits programs to prevent smoking, improve healthcare and politicians from diverting funds for their own agendas. research cures for cancerand tobacco related diseases. SAVE LIVES. VOTE YES ON 56. PROP. 55 IS ABOUT FAIRNESS |F YOU DON'T USE -- ]OANNA MORALES, Past Chair of the Board TOBACCO YOU DON'T PAY ' ornia D|vi sionAmerican Canoer Society, California taxpayers spend $2.58 BILLION every year � Calif $4l3 per fami�whether they umoke or not--paying TAM| T|TTELFiT ' R N / Leaderyhip Board Mem ber American LunQAssociation in California medical costs ofsmukeru. Prop. 56 is a simple matter 0AV|0LEE Preyident offairneua--it works like a user lee on tobacco products ' K��D�' American HeartAsso�iation Western 8tatesAfh|iate to reduce smoking and ensure smokers help pay for ' healthcare costs, ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REBUTTAL TO ARGUMENT |W FAVOR OF PROPOSITION 56 * Prop, 56 was specifically written to financially benefit PROP 56 CHEATS SCHOOLS e | m p � 55 deceptively cheats schools out of at oayth n wealthy special! m ! interests, It's just one mure example of special interest $60 e State Constitution ba||ot box budQetinQ. Over$26 nn/8/on has aLreadybeen to bypass California's minimum school! funding guarantee. conhribu/ed to pass it. /n fact., cheatirg schools /o the on/yneuson Prop. 56 They want you to believe it is about hebing people stop annends hheCons�by�on. smoking, but that's not where most of the money goes: WEALTHY SPECIAL INTERESTS SHOULDN'T GET AWAY Only 13"/'0 ufthiy new tax money goes totreat smokers or WITH USING PROP. 56 TO ENRICH THEK88ELVES AT ainp kids from starting 'Section 30130.55(b) of Prop. 56). THE EXPENSE OF FUNDING SCHOOLS, FIXING ROADS 829X0 of this new tax money--$I billion a yeap— AND FIGHT. VIOLENT CRIME. . insurance companies and other vvea|thyapeoia! interests Follow the money for the truth at (Section 30130.55(a)) and they dun'thave to heatcne w/wvl.NoOnPnrpos/�/on56.connand then please join us in mote pabiantbo get the nnonev, voting NO on Prop. 56. Nearly 10% can ba spent on administration and overhead KD|&EGEWE3T, Former Director (Section 30I30.57(a)&(f)). California Department uf Finance prop. 55 has virtually notaxpayeraccountabi|ityfor how TOM BOGET|CH, Former Executive Director health insurance companies and other providers spend California State Board of Education 'the money CEOs senior reward� LEVV UHLE0` President themye!veyvith higher pay and profits ourtaxdo|!ara� National Tax Limitation Committee 52 1 A,Gvmoms Argunmmpfinfed ov this«wo are the cvinions not bemrherked for accuracy hy any vffiria/wgonq, C|��RETTE��T0FU�DHEA�HC�RE.TOB�CC0USE �»msm»w AM P8EVENT0N. RESEARCH.AND LAthlENFORCEMENT INITIATIVE:CONSTITUTIONAL AMENDI'�.ENTANDSTATUTE. 5b_ ARGUMENT AGAINST PROPOSITION 56 * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- VVEALLVVANTTU HELPTH0SE WHO WAN TTU STOP instead uftreatinQ more patients, insurance oompanies SMOKING, 8UT PROP 56 IS NOT WHAT |TAPFEARSTO BE, oan increase their bottom line and more richly reward Prop, 56 is $1.4 billion ''tax hikeGrab'' by insurance their CEOs and sen|orexecutives. /n tact the Prop �� companies and other wealthy special interests to spending /n �o gives /nsurance ou iesandother dramatically increase their profits by shortchanging health care providers 82�� of this new/�x schools and 'ignoring other pressing problems. PROP 56 SPENDS OVER $147 MILLION PER YEAR ON Prop, 56 allocates just 13% of new tobacco tax muneyto OVERHEAD AND BUREAUCRACY. treat smokers or stop kids from starting. if We are going to This $�47 mi!||on can be spent each year with virtually tax smokers another $1.4 billion per year, more should be no auoountabi!ityto taxpayers. This could lead to massive- dedicated to treating them and keeping kids from starting. waste, fraud, and abuse. /n tact Prop. 56 spends neany h dmmixbabo d overhead /tdu |nstead' most of the $1.4 billion in new taxes goes to as /nuc money a n an ove ee a� es health insurance Corn Dani s and other vvea|thyspecial on tobacco p/even�on efforts! interests. instead of where it is needed. NO ON PROP. 56 PROR 55 CHEATS SCHOOLS OUT OFAT LEAST NO to wealthy special interests using our initiative process $500 MILLION PER YEAR. just to increase -heir profits. California's Constitu-ion (through Proposition 98). NO to oheatinF_schoo|a out of at least $500 million per year. requires that schools get at leas- 43% of any new tax NO to millions of new tax dollars going tooverhead and increase. P,op. 55 was purposely written to undermine our administration with the potential for waste, fraud, and abuse. Constitution's minimum school fundin8Quarant*e. a||owinQ NO -o rewarding health insurance companies and wealthy special interests to deceptively divert at least $600 million Special in-er*utu with even biggor profits. instead of ayea/ f/om schools health insurance,, solving real problems 'like roads, violent crime and fully other wealthy special interests. Not one penny of the new funding our schools, taxnnone y w0/go /o �npnome our� b ds'schoo , PLEASE READ IT FOR YOURSELF AND FOLLOVVTHE PROR 56 DOESN'T SOLVE PROBLEMS FACING PROP. 55 MONEY AT: CALIFORNIA FAMILIES. wxvw/No0nfr(-,posit.ion56co/n We have man; pressing prubieo i California, like fully mn fundin h | airmQ roads, su|vinQthe drou8ht Please join us in voting 'NO' on Prop. 55. and hQhtin8 violent crime. //wee ane going bn raise taxes, we TOM 0OQET|CH. Former Executive Director shuuk/be spending this new tax nemenueon these pnnb/ems. Ca!ifornia State Board ufEducation PROP. 56 FATTENS INSURANCE COMPANY PROFITS. ARNOLD M. ZE|DERMAN, M.D., K8.RH., FACOG, I anotherd�oeptiun, h�a|th insuran�e cumpanieyand Fo�mer Di�oc�or. K8a�erna! Hea!�h and Fomi!y P!anning, wealthy special interests wrote Prop. 55 and are spending Lou Angeles County Department of Health mi!||onato pass it so that they uan get paid as much TOMOO��|MQUE3, 'President $I billion more for treating the very same Medi Ca| Association of Orange County Deputy Sheriffs patients they already treat today. They are not ne4uiredbo acoeptn/one MeoY-Calpatiento boget this /noney. REBUTTAL TO ARGUMENT AGAINST PROPOSITION 56 VOTE YES ON 56: SAVE LIVES. PROTECT KIDS. This is about FAIRNESS. It's time for tobacco usery -o REDUCE THE HARMFUL COSTS OF TOBACCO. help pay for their hoa!thcare costs instead of leaving it to Tobacco is still a DEADLY and COSTLY problem. taxpayers to foot the bill. a Every year, 40.000 Californians die from tobacco DON'T BUY BIG TOBACCO'S LIES: PROP. 55 DOESN'T related diseases. w This year a!one. l5'800 California kids TAKE A DIME FROM SCHOOLS will star- smoking. w Each year. California taxpayers pay Tobacco corporations have LIED for years about the $3.58 Billion fo, tobooco related healthcare costs. That's dangers of tobacco. Now they are spending tens of $413 per family every year, whether you smoke or not. millions lying sothey can keep getting our children and "Pro 56 pays for SMOKING PREVENTION so kids don't grandchildren hooked--and protect their bottom |ine. get addicted."--��hew/L� 8�yec� Pnss��nt Can�oa�n "We have carefullyvetted Prop. 55� |t pn�ectsschoo| /brTbbacco'Free Kids funding whi|e helping to keep our kids from getting PROP 56 WORKS LIKE USER FEE: SMOKERS WILL hooked on deadly, addictive tubacco."--Chris Unger, HELP PAY THEIR FAIR SHARE OF HEALTH CARE COSTS president Ca/itbnne School 8oaxc(s Association Under Prop. 55, tobacco users pay to help offset VOTE YES ON 56, the $3.58 billion in tobacco-,e|ated healthcare costs STUART COHEN, 8�D� M.P.H., District taxpayers pay every year. fP iCa| fAmerioan Academy o . io/nia Prop, 56 has strong accountability and transparency LD�| Q. BREMNER, California Grassroots Director protections, inciudinQytriotca on overhead, ensuring Amerioan CunoerSocietyCancerAotion Network po|itiu|any can't divert money for their own personal ALEX &N']OHNSDN Executive Director agendas. ' Chi|d/en's Defense Fund--Ca|ifo/nia Under Prop. 56, ifyuu don't Use tobacco, you don't pay. A9*mavmpxv��o»��v�o��o��u;/�vs��*�s^��o�og�ve�c6a�od0rawmo�hra$'offic�/o�:q' Ar8c men ts | 53 PR0P00ON ��NV�U��N �� PAROLE. � J�7JUVENILE CRIMINAL K��N�� N�� ,��n�� n^mmwm�mn� n n^��m�� *n�� n��m��. INITIATIVE ��N��N�� U�� "�m�� nmo�nm�� mn�n��mm��o «n�� mmnm�n�. OFFICIAL TITLE AND SUMMARY pxEp«nen BY ms mmxwm uswmm • AUowo parole consideration for persons convicted determination. upon prosecutor motion, whether of nonvi:!entfe!onies. upon completion of prison juveniles age 14 and older should be pnoseouted term for their primary offense asdefined. and sentenced as adults for specified offenses. • Authorizes Dapa�men1ofConpotionaand T SUMMARY OFLEGISLATIVE ANALYST'S ESTIMATE OF NET Rehabilitation to award sentence credits for rehabi|itaiion, good behavior, or educational STATE AND LOCAL GOVERNMENT FISCAL IMPACT- achievements. Net state savings likely in the tens of mi||ionoof • Requires Department of Corrections and dollars annually, primarily due to reductions in Rehabilitation to adopt re8u|atiunsto implement the Prison population. Savings would depend on new parole and sentence credit provisions and how certain provisions are implemented. certify they enhance public safety. � Net county costs of 'likely afew million dollars • Provides juveni|e court iudgessha|| make annually. ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND Individuals in prison have been convicted of a main or primary ofiense. They often serve additional AdU�� Od�7� iimedue to other, |esse/ crimes forwhich they are - Offenders convicted o1 the same dmp. In addition, a1eta law The California Department of Corrections and includes various sentencing enhancements that can Rehabilitation (CDCR) operates the state prison increase the amount :ftime individuals serve. For system. CDCR is responsible for housing adults examp|e, those previously convicted of a serious or who have been convicted of felonies identified in violent offense generally must serve twice the term state !law aa serious :rvi:!ent, as well! as -certain for any new felon yoffense. sex offenses. Examples of vi:|en1fa!onies include Parole Consideration Hearings. AfLer an |ndividua| murder, robbery and rape. Examples ofserious serves the minimum number of years required foran felonies include certain forms ofassault, such indeterminate sentence. the state Board of Parole os assault with the intent to commit robbery. Hearings (BPH) conducts parole consideration The department ia also responsible forhousing hearing todeterm|ne whether [he individual is ready individuals convicted of other fe|oniaa (suoh as to be re!eased from prison. For examp!e. BPH wnu|d grand theft) in :eaaswhere those individuals have conduct such o hearing for on individual sentenced been previously -convicted of serious, violent, :r to 25'yearo-to'!ife after the individual served certain sex offenses. AaofJune 2016. there were 25years in prison. If BPH decides not to release about 128,000 individuals in state prison. Below, the individual from prison, the board w:u!d conduct vve discuss the oenten:inQof adult offenders and the a »ubsequent hearing in [he future. Individuals use of parole consideration hearings and sentencing who receive determinate sentence do not need credits. a parole consideration hearing to be released from . pris:n at the end of �heirsentenoe� However, �nme Adult Sentencing. |ndividua|sare placed in prison of1hese individuals currently are eligible for paroie under an indeterminate sentence or determinate consideration hearings before they have served their sentence. Under indeterminate sentencing, entire sentence. Forexomp|e. certain individuals individuals are sentenced to prison fora term that who have not been convicted of violent fe|oniesare includes minimum but no specific mox|mum. such currently e|i�ib|efor parole consideration aUerthey as 2 -years-to-life. Under determina1esentencing, have served half of their prison sentence. This was individuals receive fixed prison terms with a one ofseveral measures put in place by federal specified release dote. Most people in state prison court to reduce the state'o prison population. have received a determinate sentence. 54 | Tile and avmms,y/Analysis CRIMINAL SENTENCES. PAROLE. mumxmuw JUVENILE CRIMINAL PROCEED|NG8 AND SEN7ENC|NG. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. 57 ANALYSIS BY THE LEGISLATIVE ANALYST ouw//moEn Sentencing-Credits. State law currently a|iovvsCDCR cases can be sent to adult court in one of the three to award credits under certain conditions to prison following ways: inmates that reduce the time they must serve in � Aubrmahical/xBased ooSem�msneomofCh�7e' prison. The credits are provided for good behavior |fayouth is~accused of committing murder or for participating in hwork, training, Or education ioi prngrams� Over inmates are eligible or specific sex offenses with certain spec -circumstances that moka1ha :rime more to receive credits State law limits omount that � serious (suoh as also being accused oft:rturina inmatesentences can be reduced through credits. the victim) heorshe must be tried in adult For example, more than half of inmates eligible ' cnuri for credits can only reduce their sentences by . I5 perc�nLb�causeLheyhav� aconviction ƒoro * At the D/mune�enoYPmeeuobo/Based ooCv�/e :io!entoffense. and Criminal History. !feyouth has asignificant criminal history and/or is accused of certain UUVeOi|e Justice crimes listed in statute (such as murder), a prosecutorcan file charges directly in adult Youths accused of :omm|�t|nQ :rimesvvhan court. Proaacu1ors have this ability in more they were under lO years nfage are generally nases for youths who were age 16 or I7 at the Lr|ad in juvpni|ecourt. Howpvar, Linder certain time the crime was onmnnitted than for those circums1annes, they can be tried in adult court. who were age 14 or 15? Ba|ow, vva discuss the procpasfor determining whether a youth is tried in juvenile court versus m At the Discretion ay Judge Based oo Hearing.A adult Court. prosecutor can request hearing 'in which e ybuths/n1uwnvile Court. Juvenile court prooeedin8s juvenile court Judge decides whether ayouth are different than adult court proceedings. For should be transferred Lo adult court. For youths examp|e, juvenile court judges do not sentence a who were age 14- or I5vvhen the crime was youth Loa set term :in :ommi�ted n prison or jail. Instead, the ' the crime must bp one ofcertain judge determines the appropriate placement and significant crimes listed in statute (such as rehab|i|tativetreatment (such asdrua treatment) murder' robbery, or certain sex offenses). For for the Youth, based on factors such as the youth's you ihs who were age, 16 or 17 when the crime offense and criminal history. About 44.QO0youths was committed, the Prosecutor can seek this were tried in juvenile court in 2015. hearing for any crima, but typically will only do Counties are generally responsible for the youths sofor more serious crimes :r for youths with a Paced b; juvan|!ecourts. Someof -t significant criminal -history. . are placed in county iuveni|efacilities. However, if Relatively fem youths are sent to adult court each the judge finds that the youth committed certain year. For example, less than GOO youths were sent significant crimes listed in statute (such as murder, to adult court in 2015. Less than IOQ youths were robbery, and certain sex offenses), 1hajudQa can sent tu adult court aL the discretion of ajud8e based p|ace the youth in a state iuveni|e facility. State on a hearing. The remainder were sent to adult -court |aw requires that counties generally pay portion :f automatically based on the seriousness uftheir the cosiof housing youths in these state facilities. -crime or at -thediaoretion of prosecutor based on Youths who are released from e state juvenile facility their crime and/or criminal history. are generally supervised in the community by county Youths convicted in adult ooudvvhen they are probation officers. under 18 years of age are typically held in a Youths/nAdult Court. In certain circumstances, state juvenile facility for the first portion of their youths accused :f committing crimes when they sentences. When these Youths turn age IO, they were age I4 or older can be hied in adult Court and are �en�ra||y1ronoferred �ostate prison. However, receive adult sentences. (individuals accused of if their sentences are short enough that they are committing crimes before they were age 1.4 must able to complete their terms before turning age 21. have their cases heard in juvenile courtj Such they serve their entire sentences in a state Juvenile For the?xuxaxlo/Propoomu:57, sec page z41. Title and aummary/Axs|vai5 | 55 nmnm1110IN CRIMINAL SENTENCES. PAROLE. 57JUVENILE CRIMINAL PROCEED|NG8 AND SENTENCING. 1NITIATIVE CONSTITUPONAL AMENDMENT AND STATUTE. ANALYSIS BY THE LEGISLATIVE ANALYST nuw//moEn facility. The state pays the enure cost, of housing those currently eligible forihem and credits to 'those youths in a state juvenile facility who were convicted currently ineligible. Asa result, CDCR could increase in adult court. AUercomp|etina their sentences, the amount of credits inmates can earn. which these youths are generally supervised in the would reduce the amount of time served in prison. community by state parole agents. Juvenile Transfer Hearings. The measure changes state law to require that, before youths can be ��N " ""�" ��=� transferred to adult court, they must have hearing This measure makes changes tothe State in Juvenile Court to determine whether they should Constitution to :increase the number of inmates be transferred. Asa result, the only way ayouth e|i�ib|ef:r parole consideration and authorizes could be tried in adult court is if the juvenile court CDCR to award sentencina credits 10 inmates. The judge in the hearing decides to transfer the youth to measure also makes changes t: state law to require adult court. Youths accused of committing certain that youths have o hearing in juvenile court before severe crimeswould no |ongerautomatica||y be tried they can be transferred to adult court. We describe in adult courL and no youth could be tried in adult these provisions in greater detail below. -court based only on the decision :fa prosecutor. Parole Consideration for Nonviolent Offenders. The In addition, the measure specifies that proseoutors measure chon8esthe State Constitution to make can only seek transfer hearings for youths accused individuals who are convicted :f "nonviolentof (I) committing certain sianificant crimes listed felon y" offenses eligible for parole consideration in state |avv (such as murder, robbery' and certain after serving the fu|| prison �arm for their primary sex offenses) when they were age I4 or l5 or offense. Asa resu|�. BPH would denidewheLherio (2) commiLtingafe|onyvvhen they were 16 or 17. release these individuals before they have served any Asa result ofthese Provisiona. 'there would be fewer additional time related to other crimes orsentencing youths tried in adult court. enhancements. The measure requires CDCR tuadopt regulations to FISCAL EFFECTS imp!emen1 these changes. A|th:uQh the measure This measure would have various fiscal effects and current law do riot specifywhich fe|unycrimes on the state and local governments. However, the are defined as nonviolent, this analysis assumes e magnitude of these effac1swould depend on h:vv nonviolent felony offense would include any felon y certain provisions in the measure are interpreted offense that is not specifically defined in statute as and implemented. As such, our estimates below are violent. As of September 2015. there were about Subject tosignificant uncertainty. 30.000 ind|vidue|s in state prison who would be affected by the parole consideration provisions Parole Consideration for Nonviolent Offenders of the measure. In addition. about 7.500 of the . individua|s admitted io state prison each year Net State Sawn0s' Tbtheextentnonvi:!ent wou|d be eligible for poro|a consideration under offenders serve shorter prison terms due Lo 'the the measure. Individuals who would beaffected by parole consideration provisions of the measure, it the above changes currently serve about two years' would reduce state costs aa the size of 'the prison in prison before bein8considered for parole and/or population would decline. The level of savings Would ra!eaapd. Under the meaoura, waest|mata that these depend heavily on 'the number of individuals 8PH individuals would serve around one and one-half chose to release. Based on recent BPH experience years in prison before being considered for parole with parole consideration for certain nonviolent and/or released. offenders, we estimate that the ongoing fiscal impact of this provision would likely bes�atesavin8s in the Aubhodtxb/�wm�n�&��dd� Th� measure~ tens of mi||ionsofdoi|arsonnua||y These savings the State Constitution to giveCDCR the authnrity would be offset somewhat by additional costs for to award credits to inmaLe� forQood behavior and approved rehabilitative or educational achievements. BPH to conduct more parole considerations. The department could award increased credits to The measure would also result in temporary fiscal effects in the near term due to (l) additional savings 56 | nt|o and avmms,y/Analysis CRIMINAL SENTENCES. PAROLE. mumxmuw JUVENILE CRIMINAL PROCEED|NG8 AND SEN7ENC|NG. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. 57 ANALYSIS BY THE LEGISLATIVE ANALYST ouw//moEn from the release of offenders currently in prison or be supervised by state parole agents following who would be eligible for parole consideration and their re!ease. In addition. because juvenile court (2) an acceleration of parole costs Lo supervise those proceedings are generally shorter than adult court individua|swho are released from prison earlier than proceedings, the measure would reduce state onurt otherwise. coots. These savings would be partially offset by Acceleration of County Costs. Because the measure increased state juvenile justice costs asYouths wou|d result in the early re|ease of some individuals affected bythe measur� vvou|d �enera||yspend a vvho are supervised by county probation officers �reater amount of time in state juvenile facilities. following their release from prison. the measure (As noted ear|ier, a portion of the -cost of housing wou|d likely increase 'the size ofthe probo1ion these youths in state juvenile facilities would be population in the near term. In the absence of the Paid for by counties.) In tota|, we estimate that the meaoura, counties would have eventually incurred net savings to the state from the above effects could these probation costs in the future. be afew million dollars annually. County Costs. If fewer youths are tried and convicted Sentencing Credits for Prison Inmates as adults, the measure would a|su have number Net State Savings. To the extent CDCR awards offioua| effects on counties. First' as discussed individuals with additional credits, the measure above, counties Would be responsible for paying 'these youths in state wou|d reduce state costs aoa result of a !lower prison portion of the costs of housing population. Any level of savings is highly uncertain, juvenile In addition,' county probation as it Would depend on how much average sentence departmantswmu|d be responsible for supervising these youths fo||nwin0their release. Since juven � i|e ienQths were reduced byCDCR. |fthedepadment 8ranted enough credits to reduce the average -court proceedings are generally sho�arthan adu| court proceedings, theabovecountyco�swnu|d be time |nmotes serve by a few weeks, the measure partially offset bysom �esavinQs For example, county could eventually resu|t in state savings in the low agencies :Involved in court pruceedingsforthese tens of millions of dollars onnua||y However, the you1hs--such aa district et1orneya public dpfendaro savings could be significantly higher or lower if the ' ' andcounty probation—would experience areduction department made different decisions. Because the in workload. |n t��| we estimate that the net costs to measure could result in theear!y release ofsome ' counties due to the above effects would likely beafam/ i � individuals by parole million dollars annually. following release, the measure could temporari|y |ncreaseLhe size of the parole popu|adon. The state, Other Fiscal ERGCt8 however, Would eventually haveincurred these parole '' costs even in the absence ofthe measure. The measure could also affect crime rates in varying Acceleration of County Costs. Because the measure ways. On the one hand, if the measure results in could result in the early release of some individuals offenders spending less time in prison and more vvhoerp supervised by county probation officerstime in the community, It Could result in these following their release from prison. the measure offenders committing additional crimes or crimes could increase the size of the probation population sooner than they otherwise would have. On the other hand the measureoou|d lead to more offenders in the near term. In the absence ofthe measure. ' counties would have eventually incurred these participating in educational and rehabilitative p/obation costs in the future. ProQramsthot reduce the likelihood oƒ them nommi1tingnrimes in the future. The net effect of Prosecution of Youth iO Adult Court the above factors 'is unknown. Net State Savings. If the measure's transfer hearing ND|t sos.Ja.gVvlmeas8/e-contributions requirements result in fevvar ;:utho being tried and for 8 list Of committees primarily formed tUsupport convicted in adult court, the measure would have Ur oppose this measure.Visit bm/c.C2gDY/ a number of fiscai effects on the state. Firs1, it tratiSp@ -cD08Oib8yR[slhDV-/6-gen-KDi8m/ would reduce state prison and parole costs as those tD access the committee's top 10cODt[ibUtD[S. youthswouid no |ongerspend any time in prison For the?xu//exlo/Propoo/(/u:57, sec page z41. Title and aumma,y/Axs|y5i5 | 57 DRonammw CNM!NAL SENTENCES. PAROLE. 57JUVENILE CRIMINAL PROCEED|NGS AND SENTENC|NG. 1NITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. * ARGUMENT lN FAVOR OF PROPOSITION 57--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- VOTE YES on PROPOSITION 57 inmates are rehabilitated, the ieos likely they are to California public safety 'leaders and victims ofcrime re-offend, Further evidence shows that minors who | mosu � t Proposition 57 the Public Safety and remain p � are ieys like ly to Rehabi|itation Act of2OlG--beoause Pro,). 57 focuses commit nevvcrimes. Prop, 57 focuses or evidence-based resources on keeping dangerous crimina|y behind ba,s, rehabilitation and allows a juvenile court judge to decide while rehabilitating juvenile arid adult inmates and whether or not a minor should be prosecuted as an adult. saving tens of millions of taxpayer dollars. No one isaubonnetica//y^e/easad, or entitled to release Over the last several decades, Ca|ifornia's prison hnn/prison, undarProp. 57 population exp|oded by 500% and priyon spending a To be granted parole-, all inmates, ourren� and future, bai|ooned to more than $lG billion every year. must demonstrate that theyare rehabilitated and Meanwhile, too few |nmateywere rehabilitated and most do not pose a danger to the Public. a The Board of re-offended after release. Parole Hearings-----made up mostly of law enforcement Overcrowded and unconstitutional conditions led the officia|y--det*rminoswho is eligible forrelease. mAny U.S. Supreme Court to order the ytateto reduce its individuals approved for release be eo- to t � mondatoryaupervision by law enforcement.population. Now, without commun , Q in |i !term uo!ution, we will continue clearly stated:d: a court-ordered re!ease of dangerous prisoners. This iy an parole eligibility in Prop. 57 applies "only toprisoners unacceptable outcome that puty Californians |ndan0e�— convicted ofnon-�o/entfe/mn/ey.'' and this |uwhy we need Prop. 57. prop. 57 is long overdue. Prop. 57iyotraigftforward-----here's what/tdoes: prop. 57 focuses our system on evidence-based e Saves taxpayer dollars by reducing wasteful spending rehabilitation for juveniles and odu!ts because it is better prisons. a Keeps the most dangerous offenders locked up. for public safety than our cunentsyatem. e Allows parole consideration for people with non-violent prop. 57 saves tensof millions of taxpayer dollars. convictions who complete the full prison term -or their primaryoffenae. w Authorizes o system ufcredity -hatoan prop. 57 keeps the most dangerous criminals behind bars. be earned for rehabilitation, good behavior and education miles-ones or taken away for bad behavior. m Requires VOTE YES on Prop. 57 the Secretary of the Department of Corrections and W Ww/VbteI pro p 7.c0/n Rehabilitation to certify that these policies are consistent with protecting and enhancin8 public safety. w Requires EDKAUND0. BRUVVNJ0.. Governor ofCalifornia jud8es instead of proyecuto,sto decide whether KAA0NRON|N!. President Minors should be prosecuted as adults, emphasiz|nG Chief Probation Officers of California rehabi||tatiun for minors in the juveni|esyotem. D|UNNEVV|LSON, widow of police officer killed in the line We know what works. Evidence shows that the mure or duty * REBUTTAL TO ARGUMENT |W FAVOR OF PROPOSITION 57---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Thoauthorsuf Prop. 57 are not telling you the truth. IT of MURDER, RAPE and CHILD MOLESTATION would APPLIES TO VIOLENT CRIMINALS, will increase crime be e!i8ib|efor ear!y parole. a Re�ayi7g thousands of and make you less sale. Vote NO, danguerous crhn/nabxvi0 not save nooney. In addition to FACT/ P,op� 57 autho,izes EARLY PAROLE for a RAPIST the human costs of increased urime, counties and cities who d/uQsand rapes avictim, because its authors call wi|| be forced to hire more pu|ioe, sherifi deputies, victim him non-violent. counselors and expand courts. w Prop. 57 overturns important provisions of the Crime Victims Bill of RiQhts FACT: Pro,). 57AK8END� CAL|F0RN|A'S ' � � ou, 3'Strikes Law and K�arsy's Law--stronQmeasu,es CONSTITUTION to give these new early parole rights to �naoted byvut�ry criminals who are convicted ofmanyviolent and horrible . crimes, including: The weakening of California's anti-crime |aws has gone too far Don't amend California's Constitution to give RAPE of an uncunsciousvictim� HUMAN SEX � ' even more rights to oriminais TRAFF|CKiNG; ASSAULT with a dead| weapon; LEVVD � ACTS against a 4--year-old; HOSTA` 'TAK1NG; HATE CrimeV|otimo, Fu|ioe, Sheriffs, Judges and Prosecutors CRIMES causing injury. urge NO vote on 57. MureFAC`8: HONORA0LEJAK8ES AR0A|Z' Presiding Judge ° Thuusandy ofdan�eruus criminals have already been 5th District Court of Appeal (Ret.) released early, VVe are paying the price. The violent crime SANDRAHUTOHENS, Sheriff rate was up IU% last year and Rape tip 37%, ~ Prop. 57 Orange County wuu|d authorize the |MNIEDiATE RELEASE or thousands COLLENETHOK8P8DN CANNP0ELL. Founder of dangerous criminals. = Those previously convicted Nlemury of Victims Everywhere 58 1 Arguments A9wmxois Printed av"his pagvoe the Opinions o/@oxxfhor,�.and/svo nmbeavchooked fors��s�/�sq'�o��/��o� CR|M|NAL SENTENCES. PAROLE. m»POSm»w JUVENILE CRIMINAL.PROCEED|NGS AND SENTENCING. INITIATIVE COMSOTUT!ON�L��ENDMENT AND STATUTE. ARGUMENT AGAINST PROPOSITION 57 * --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Pmpositiun 57 will allow criminals convicted of RAPE, together to re-live the crimes co/nnn/tbeda6�inut themLEVVDACTSAGA|NSTACH|LD, GANCGUNCR|K8ESand over and over / with every new parole hearing, HUMAN TRAFFICKING tobe released early f/om prison. 5} 57 will//&e/yresu/l. /n higher crime xafesus at. least That's why Proposition 57 is OPPOSED California 16'000da criminals, /nc/ud�gN v/ w/ L� Enfo/cennent -Disbic/Athu/neys Sh-�� Police, con�cbedofnnunder and rape, would hee/�ib/e for ea�y Courboon� Ph�ecuhoc� Crime Victims' and local release. . conn/nun/ty/eaders. Finally, Pn:p 57 placesall these privileges ty ��conwc/edcn�nma/s/n�niheCa//�v�/aCnns�tubon Herearethefaots� ' where they cannot be changed by the Legislature. The authors of Proposition 57 claim it onlyupp|ies to . ''nun-viu|ent" crimes, butthei/ poorly dra�ed measu/e �ake nomiytake. If Prop. 57 passes, every home, every deems the following crimes "non-violent" and makes the neighborhood' every school will be less safe than. it is today. perpetrators eligible for EARLY PAROLE and RELEASE Ask yourself these questions: into local! communities: Should a criminal! who RAPES ANUNCONSCIOUS ~ Rape by intoxication ~ Rape ofan unconscious person PERSON be allowed early release from prison? How about ° Human Traffickin8 involving sex act with minors a 50-year old child molester who preys on a child? ~ Drive-by shooting ~ Asyauit with a deadly weapon Should criminals convicted of HUMAN TRAFF|CK|NC ° Hostage taking Attempting to explode a bomb at a invo|vingsex acts with a chi|d, be allowed back on the houpita! or school ° Domestic violence invo|vinQ-'auma streets before yervinQ their full sentence! Supplyingfi earmtoa �an8member � Hatecrime- � causing physical |nxury = Failing to register aaa sex Should a criminal whoattemptstu EXPLODE BOMB offender wAraon ° �isohar8in8a firearm on school at a hospital, school or place ofworship, be allowed to groundsa Lewd ooty against a child 14 or 15 m False leave prison ear|y? imprisonmen- ofan elder through vio!ence. *partial !ist If you answered NOtuthese questions, then join District Here are five more reasons to VOTE NO on 57: Attorneys, Courtroom Prosecutors, Po|ioa, Sheriffs, Crime V|ctimy' Superior Court Judges and community leaders in l) 57 authorizes state government buoyauunaty to reduce voting NO on 57. manynbenuex for '�oudbeha�o�''even for inmates -- ` Violent crime was up 10% last year in California. Don't conv/ctedufnunde� op-�' -h//dno��te�mnandhunan � allow more violent and dangerous criminals to be ' e wn/s��,ee/o/�n/na/s �o re|eayedear|� VOTE N0on 57 beh�a�edtheae/neas ��n�eo��nde� disouuntin . st/on8sentenoes imposed b judge. 3) ''57 effectively MARTIN HALLO04N, President overturns key provisionsof8Varsys Law, 3'Strikesu«d San Francisco Po!|oe Officers Association You're Out,' Victims' Bill of'Rights, Ca//torn/ansA.gTa/nst 8EURQE HUF5TETTER, President Sexua/ Exploitation Act—measures enacted byvuters Association of LosAnQe|es Depu�ySher|ffs that have protected victims and made communities STEPHENWAGSTAFFE President safe,," -SusanF7she� Former Cha�wu/nan State Parole ' Boand4 � } �7 /b/cey ct�ns ��n�to put the/r//ves back �a|ifornia D|atriot Attorneya Auaooiat|on --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REBUTTAL TD ARGUMENT AGAINST PROPOSITION 57 * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- YES on Proposition 57 behind bars. m VV|LLsave tens of mi!!iunuoftaxpayer Opponents Of Prop. 57 are wrong. dollars. w WILL help fixa broken system where inmates leave prison without rehabilitation, re-offend and cycle Prop� 57 saves tens of millions of taxpayer dollars by back into the system. w WILL be implemented through raduoin8waatefu| prison spendin8, breaks the oyu!e Depa,tmentof Corrections arid Rehabilitation regulations oforimeby rehabilitating deserving juvenile andadult developed with public' and victim input and certified as inmateu, and keeps dangerous criminals behind bars. Protecting public sa� ty, Don't be misled by false attacks. Prop. 57: Sun Diego District Attorney Bonnie Dumanis--a Prop. 57 • Does NOT automatically release anyone from prison, supporter -knows it is imperative to provide inmates with • Does NOT authorize parole for violent offenders. The tools tostop the revolving door to prison. (Da//y,iourna/, California Supremo Court c!oar|yytated that parole July 14, 20I5). eligibility under Pru . 57 app!iea. "only topntonem And that makes our communities safe, convicted ofnon-�o/ent /e/un�y.''(Brown v. Superior � Court, June 6, 2016). Vio|ent criminals asdefined in Join law enforcement officials, victims of crime and Penal "ode 657.5(c) are excluded from parole, w Does re|iQiuus leaders: vote YES on Prop, 57. NOT and will not charge the federal court order'that EDK8UND G. BROVVNJR., Governor of California exo|udessex offenders, as defined in Penal Code 290, K��RK0U�|�| President from paru|�� ~ Do�s NQT diminish viutimy' riGhto� ~ Do�y ' Chief Probation Officers ofCalifornia �0T prevent judges issuing tough sentences. Prop 0|DNNE VV|L8ON' widow of police office, killed in the line 57� � � of duty w WILL focus resources on keeping dangerous c/imina|s PR0P00ON ��NN�� U�U�� U��N�NUN��N EDUCATION. 5 ARMINk N�N�N��N�� m�mnmmnnmm� �nmnn�n�. OFFICIAL TITLE AND SUMMARY pxEp«nen BY ms mmxwm uswmm ° Preserves requirement that public schools ensure language- immersion programs for both native and students becumepnfident |n English. non-native EnQi|shsneakers. w Requires school districts tusolicit parent * Allows panents/leQa| guardians of students toselect and communityin put |n developing language an avai!ab!elanguage acquisition program that bet acquisition programs to ensure English acquisition suits their child. as rapidly and effectively as Possible. ° Requires that achool districts provide students with SUMMARY OF LEGISLATIVE ANALYSTS ESTIMATE OF NET limited English proficiency the option to be taught STATE AND LOCAL GOVERNMENT FISCAL |MPACT- EnQUahnear|yaU in English. m No notable fiscal effec- on sohool districts or state » Authorizessohoo| districts toestablish dual- government. FINAL VOTES CAST AY THE LEGISLATURE ON SBll74 (PROPOSITION 581 (CHAPTER 753. STATUTES OF20l4\ Senate: Ayes25 Noes IO Assembly: Ayes53 Noes2G ANALYSIS BY THE LEGISLATIVE ANALYST BACKG�� California Requ��Schools&m �aohBgt�h1mamerx ROUND� Mostly/n English. |n response tosumeconcerns About One/n Five California Students/sanEnglish over how Eng|ish !earnorywere being taught, Learner. In 20I5-16, about2.7 million California Ca|iforniavutero passed Proposition 227 in 1998. public school students in the elementary and Proposition 227 generally requires English |earneryto secondary grades spoke a language other than Eng|ish be taught in English and restricts the- use of b|!in0ua| at home. Schools classified about 1.4 million of these programs, Proposition 227 generally ,equires pub|ic students as English learners, meaning they were schools to provide English |earneryvv|th one year not yet fluent in EnQ|ish. English |earnery make up of special, intensive English instruction before 22 peruentofall public uchool students in California. trana|tioning those students into other English-only More than SO peruentof English learners in California classes. Proposition 227 remains in effecttoday are native Spanish speakers. Schools Can Run Bilingual Programs Under Certain Schools Must Help All Students Learn English. Public Conditions. Under Proposition 227, parents ufEnglish schools are required by law to teach English learners learners must come toschool and sign a waiver if how to speak and read in English in addition to the;want their children considered for bi|inQua| teaching them other subjects such as math and instruction. Schools may approve �hese waivers for science. Across the country, schools tend to teach students meeting one ufthree conditions: (I) English English learners in either English-only or bilingual learners who have attended an Eng|iah'on!yc!asuroom programs, In EnQ|ish-only programs, students |ea,n for at |eaot3O clays and whose teachers, principal, English and other subjects frum teachers who sneak and district superintendent all agree Would learn only in EnQ!|ah� |n bilingual programs, students better in a bilingual Program; (2) students who are at learn their subjects from teachers who speak both in least ten years old; o, (3) studentswho are u|ready English and in their native language. K8unybi|inQuu| fluent E»8!|uh sPeakery. !f2Oor more students in any programs are designed to last between three and six 8'ade8etapproved waivers, their school must offer years' afterwhich students attend classes taught only a bi|in8ua| class or allow Students to trans�er a in English. Some bilingual program school that has such a class. English learners in their native language forotleast Since /988, Fewer Schools Have Offered Bilingual part of the day even after the students become fluent Programs. The year before Proposition 227 was English speakers. enacted, about3O percent ofCalifornia's English 60 1 nt|ovnuavmms,y/Arn|r�;i�; BNGUSHPR0RC|ENCYMUOOUNCUALEDUCATION. m»mxm»w INITIATIVE STATUTE 5E''5" ANALYSIS BY THE LEGISLATIVE ANALYST ouw//moEn iearneowere taught in bilingual programs. Ten years iysuey in their yearly planning process, but this |ater, about 5 percent of California's English learners proposa| makes soliciting feedback on these issues a were taught in bilingual programs. requirement for all districts.) School Districts and County Offices uf Education Must Engage Their Communities/na Yearly Planning Process. FISCAL EFFECTS The state requires school districts and county offices The measure would have no notable fiscal effect on of education to publish yearly plans describing the services they will provide for certain groups of stateguvernm*nt. Howeve,' it likely would result students, including English learners. Before adopting i» chan8�stuth� wa; oomes�hoo| districts teach these plans, school offioia|s must talk tu parents English learners. These changes would have |itt!* effect on local costs VVe discuss the measure'y and otheroommunitymembera aboutwhattypeuof � proQramstheywould like their schools to run. programmatic and fiuca| effects on sohoo!u below. Significant Programmatic Impact for Some English PROPOSAL Learners. Though the measure generally does not require school districts to change how they teach This measure repeals key provisions of English !earnory, it makes starting orexpanding Proposition 227 and adds a few nevv provisions bi|inQua| programs easier for all' districts. The exact regarding English language instruction, as described effect ofthis measure would depend upon how be|ovv. parents and uuhoo!s respond to it. Overtime, bilingual Remo vex Restrictions hr Bilingual Programs. Und*r Pr»Q/amscou|d become more common, with some this proposal, schools would no longer be required English |earnerytauQht in bilingual pro8ramawho to teach English learners in EnQ|ish-only p/oQ/ams. otherwise would have been tauQht in En8|ish-on|y Instead, uchoo!s could teach their English learners programs. For these school districts and utudenTu' the Prorammatic impact measurewuu|d be using a variety of programs, including bilingual Q programs. In addition, parents of English learners sig»ifica»t. would no |unger need to sign waivers befo,etheir Minor Effect on Schools'Ongoing and One-Time Costs. children could enroll in bilingual programs. The bilingual pro8ramacreated or expanded due toth� measurevvou|d not neoeosari|yb� moreur /�qm�yD�d��ood�Some /�n��/Denam�. While schools generally could design their English less expensive overall than English--only programs. learner prog/ams however they wanted, they still! as annua| custsfur both types of proQrams depend would have to provide intensive English instruction to moyt|yon factors !ike class size and teacher pay. English learners if parents requested it. Additionally, Any school creating bilingual program would |nour aohoul districts would be required to offer onyupeoifio some one-time costs for developing new curriculum, English learner program requested by enouQh parents. purchasing new instructional materials, training Speuifiva|Specifically, teacherson the new curriculum and materials,ifotanysohoo! either (l) 20 or more ' and parents of students in anyyinG|� grade or (2) 3O or informing parents about the program. These oosta, more parents overall ask for u specific kind of EnQ|ish however' would not necessarily be added costs. as !earnar program, that school would have to offer such schools routinely revise curriculum, purchase new a program tu the extent possib|e. materials, train teachers, and keep parents apprised ofimportantschoo| issues. Requires ��Commun/��mbe�About Their English Learner Programs. This proposal requires Visit sos.ca.goK4DeaS&re-contributions uuhool districts and county offices of education to ask for 3 list Df committees primarily formed 1Osupport |pu/entsand other community members how English U[Upp08S this 0e8&U[R'V|8|ƒ^^°~~'~~ ^tm' �c�goK/ earneryuhou|d be tau ght (for example, by using an ua'ofa/o"/9v'pf-^oou/uu^mvxu�/��_n- K2h��Eng|ish-un|y o/ bilingual program). School districtsandcountyoff|oeuofeducationwou|daakforthis tU access the committee's top lDcontributors. feedback as part of their regular yearly planning process. (Some districts |ike|ya|,eady discuss these PR»mxm»w ENGUSH PROFICIENCY. MULTILINGUAL EDUCATION. 5 AMP& IL B |N|TIAOVESDATUTE. * ARGUMENT IN FAVOR OF PROPOSITION 58--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- PRDPOSITION 58 ENSURES ALL STUDENTS CAN ACHIEVE Proposition 58 allows local school districts to choose the ENGL|3H PROFICIENCY AS SOON AS POSSIBLE. moSI Up-to-date |anguaQe instruction methods to improve Too many California students are being left behind and student outcomes free from legal restrictions imposed on not given the opportunity to learn Erighsh with the t them byadecades-old law. enecz/ve teaching methods s/oie. in/s is because o/ PROPO8|T|ON 58 PROVIDES ABETTER FUTURE FOR OUR an outdated near!y 2O'yea�o|d law, Proposition 227, CH|LDREN AND OUR STATE. which restricts the instructional methods school! districts —I he economy isohanQinQrapidly. Today' Carl usetoteach English. technology allows even thesma||est businesses to have a Propoaition 58 revises Proposition 227to remove thaae G|uba| reach. Students proficient in English and asecund restrictions so schools are able to use the most up-to-date language will be more en�doyobe, start out earning teaching methods Possible to help our students learn. higher wages, and make California's workforce better Proposition 58: * Requires |uoa| school districts prepared to compete for iubs in the global economy. to identify in their annual K—I2 Local Control and PROPOSITION 58 HAS BR3AD'BASEDSUPPDRTFROM LOCAL Accountability Plans the instructional methods they SCHOOL DISTRICTS, EDUCATORS. PARENTS AND E�PLOYERS� will offer to help ensure all students become proficient Giving local schools the tools they need Improve in English as rapidly as possible. ° Requires schools to outcomes for students is not u partisan o/ political! issue. offera structured English immersion program to English Proposition 58 was placed or the ballot by bipartisan |earnery� But schools also can adopt other |anQua�e vote of legislature. Support for Proposition 58'a in methods based oil research and stakeholder common sense reforms to improve language instruction input. m School districts must seek input from educators, in our sohuo|o is broad bayed and ino|udes: Local sohuu| parents and the community. boards (the California School Boards Association), PR3P0SH!ON 58 ALSO EXPANDS OPPORTUNITIES FOR Teachers (the California Language Teachers' Association, ENGL|SH SPEAKERS TO LEARN ASECOND the California Teachers Association, the California Proposition 58 removes barriers hurting students by Federation ofTeauhera), Parents -,California State PTA), discouraging schools from expanding multilingual and Employers (including the San Jose/Silicon Valley and eduoation� Pn�position 58enoouruQeyschou| dist,ictsto Los AnQe|esChambersof Commerce), Provide instruction programs so native English speakers Proposition 58's reforms allow schools to adopt the most can become profiuient in ayecond language: up-to-date methods oflanguage instruction to improve w School districts must include in their annual! K_1.2 student outcomes and make better use of taxpayer Local Control and Accountability Plans programs giving dollars. English-speaking students the opportunity to achieve More information at www.S4oporbof0p58,co/n. proficiency in a second language. w District choices of VOTE YES ON 58. non-English. languages must reflect input parents, the oommun|tyand the linguistic and financial resources LENORA LACY BARNES, Senior Vice President of schools. w Research shows that Students participating California Federation of Teachers |n programs taught in more than one language attain CHR|S UNG4R, President higher levels ofacademic achievement. California School Boards Association PROPOSITION 58 RESTORES LOCAL CONTROLTO OUR TANYA ZAOCD0E, Executive Director S CHI OOL8. California Language Teachers' Association REBUTTAL TO ARGUMENT |N FAVOR OF PROPOSITION 58 * Twenty years ago California schools were forcing numbers of immigrant students are gaining admission to hundreds of thousands of children into mandatory our state colleges and universities. Spanish-almost-only classes. Students, their parents, —I hose Prop. 58 want to change that because and employers dun't want to return to those days' but these so-called ''|anQuageteachery" have Jobs in our the bilingual education "lobby" and teacher unions do' schools only so long ay students stay in bilingual classes. and sodothe politicians who put Proposition 58 on the Theteochersand thei� unions bonefit, but notthe ba||ot. children. We are two of the many Legislators who voted against it Proposition 58 is not about modernizing the way vve and urge you to vote NO as well. teach English, it's about forcing a failed method of In 1998' California voters approved an initiative English instruction on immigrant children against the requiring that children betauQht English in our schools, wishes of their parents.un|aaytheir parents disa0�ed� Theyd|d �his becauue Pn�poyition 58e|iminat�sourrent parental riQhtstoan children who were not native English speakers were English-|angua8e education for their uhi|den. stnu8gUn8too long in ^bi|ingua|" classes and never moving up. Vote NO on this deceptive ballot measure. The results have been spectacu!ac Children are learning SHAMNOM GROVE, Assemb|ywoman English fasterthun when they were forced into ''bi|ingua| Bakersfield prograrns" that dragged on furyeao. Because the; are JOELA#0ERSDN, Senator !eamin8 EnQ|ish faster and at an ear|ieraQe. record San Diego County ENGUSHPR0RC|ENCYMU0UNCUALEDUCATlQN. m«m»m«w INITIATIVE STATUTE ARGUMENTAGAINST PROPOSITION 58----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- TH|SBALLOTKXEASURE |SAD|SHONESTTR|CKBY ofStendandDafixer fame, one of America's most THESACRAMENTQ POLITICIANS succesafu! -eachers led the Prop. 227 campaign as a The official title of Proposition 58 is "English Honorary Chairman, rescuing California Latinos from the Language Education." But itaotua||y REPEALS the Spanish'on|yeduoationa| ghetto. = It worked! Within four requirement the c hi|d,en betaught English in California years the test scores uf over o million immigranTstud ents public schools, It's all atrick by the Sacramento in California increased by 30%' 50%' o, even I00%.politicians to the voters, who overwhelmingly = A|| the major newspapers, even the national New' Kon4 passed Proposition 227, the "EnglishfortheChi|dren'' 7�nee. d*c|a�*d �he new EnQ!iuh immoryion a �em a initiative in 1.998. w The worst part of Proposition huge educational success, * The former Superintende nt dSoho58 is hidden away 'in Section 8, whioh REPEALS all ofOoeansideUnifie o| District announced that restrictions on theCa|ifornia Legislature- to make future he'd been wrong about bilingual education for thirty ohun— Legislature This wou|d a||owthe to reestablish years and became a leading national advocate for SFA |SH-ALK8OST-ONLY instruction in the public English immersion. ° Since "English for the Children" schools by simple majority vote, once again forcing passed, there has been a huge increase in the number Latino children into -hoseo|asseuagainsttheir parents' of Latinos soo,ing high enough toQain ad mission to the wishes. & T�aohinQ English in our public schools is pn*sbQiouo University ufCa|ifurnia system Prop, 227 worked so well in California sohoo!athatthewho|e issue overwhe|min8|yyupportad by California parents, whether immigrants or non immigranty Latinos orAng|os Asians wasfoqootten by almost eve/yone except the bilingual or Blacks. That's why the pu|it'oiao are tryingtu'TRICK education activists. Nuvvthey�e trying to trick the voters the voters by using DECEPTIVE 'TITLE. into a||owinQtha RESTORATION OF MANDATORY VOTE NO AND KEEP ^'ENGL!SH FOR THE SPAN|SH-ALMUS-cONLYCLASSES. CH|LDREN"--|TVVORKS! Vote NO, keep "English forthe Children," and protect a For deoadey Jaime Esoa|ante'seducationa| |e8aoyforCalifornia's millions of Latino children were FORCED 'INTO SPAN|SH-ALK4OST'ONLY CLASSES dishonestly immigrant sohoo!chi|dron. For more information, visit uu/website at called ''bi!ingua| education." |twauan educatiuna! ' disaster and never worked. Many Latinos never |earned w«vw.Keep En6;h;sh.»g7 how to read, write, or even speak English properly. 0ON UWZ, Chairman ° Bu- in 1998. California voters overwhelmingly passed Eng|ish for the Children he Children" — Prop. 227—the G ' KENNETH A. NOONAN, Fo/mer Superintendent providing sheltered English immersion to immigrant OceansideUihed �chuo| District. as requiring that they be �aught English n assoon us they started school. a Jaime Eyoa|ante --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REBUTTAL TO ARGUMENT AGAINST PROPOSITION 58 * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- PROPOS|T|ON 58 ENSURES ALL STU DENT 3 CAN THE EVIDENCE DOES NOT SUPPORT THE ACHIEVE ENCL|SH PROFICIENCY AS RAPIDLY 0PPONEN�8' CLA1NIS. Oppunentsoiaim AS POSSIBLE. PROPOS|T0N 58 EXPANDS Proposition 227 was wildly successful, but a OPPORTUNITIES FORENGL|SH SPEAKERS TO comprehensive five-year eva|uationbytheAme,ican MASTER A SECOND LANGUAGE. Institutes for Research concluded "there is no conclusive That's why Proposition 58 iasupported by our st t 's evidence" to Support their claims. leading educators and parentadvouateo--u|asymom EDUCATORS AND PARENTS ASK YOU TO REJECT teachers, the State PTA' school principa|yand local OPPOSITION SCARE TACTICS. Under Prop. 58 local uchooi board members andGovernor Jerry Brown. school districts will decide withinput from parents, PROPOSITION 58 IS NOT "DISHONEST TR|CK.'' educators and their communitiey-- he most opprophate langua8e instruction appmachesfor their students to Don't be fooled by opponents' scare tactics. prop. 58 is achieve English proficiency as rapidly as possible and NOTa "trick" to abandon English instruction in favor of o«pand opportunities for English speakers to master "mandatory Span ish-a!most-on|yc|asuaa." Here'awhat second language. P,up. 5DactuaUysays: T � 3ohoo| districts must provide 0URCH|LDRE� AND OUR SCHOOLS VOTE vide their pupils with YES ON 58� effective and appropriate" |an acquisition p "designed to ensure English ao quisition as ]USTNEF|SCHE President rapidly and us effectively as possible" (Education Code Ca|ifomia State PTA Sections 3O5(a)(l) and 3G6(c)). ~ "All California school TOM TORLAKSD0, State Superintendent ofPublic children have the right to be pnmidadwith afrea pubUu Instruction education and an English �n8uagepubiceducation " ' �( �'Education Code Section ° Sohoo| districts . RALPHGO@NE2PURRAS' President shall, at minimum, provide English Learners with a Association of Californiaal School Administrators struutunedEngUsh immersion pnogram" (EducationCode Section 305(a)(2)). PROPOSM01`4 CORPORATIONS. POLITICAL SPENDING. 159 Affifth FEDERAL CONSTITUTIONAL PROTECTIONS. LEGISLATIVE ADVISORY QUESTION. OFFICIAL TITLE AND SUMMARY PREPARED BY T4E ATTORNEY GENERAL Asks whether California's elected 9 States that the p roposed amendment. officials should use their authority to should clarify that corporations should propose and ratify an amendment to not have the same constitutioral ri2hts the federal Constitution overturning the as human beings. United States Supreme Court decision in Citizens United v. Federal Election SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE Commission. OF NET STATE AND LOCAL GOVERNMENT FISCAL Citizens United ruled that laws placing IMPACT: certain limits on political spending a No direct fiscal effect on state or local by corporations and unions are governments. ;Unconstitutional. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- FINAL VOTES CAST BY THE LEGISLATURE ON SB 254 (PROPOSITION 59) (CHAPTER 20, STATUTES 01:2016) Seriate: Ayes 26 Noes 12 Assembly: Ayes 51 Noes 26 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND voters with no coordination with a candidate or camPaIcy1n1. For example, a Political Campaign Spending. Many people, corporations, labor unions, and other person producing a radio commercial urging people to vote for a candidate groups spend money to influence voters' Is making an Independent expenditure decisions in political campaigns. This if the commercial is made without spending includes: the involvement of the candidate's • Direct Contributions. People can give campaign. money directly to candidates. political Independent Expenditures Protected by parties. and committees. These direct contrib I utions are subject to federal, U.S. Constitution. before 2010, federal law limited corporations and labor unions' state, and local Ili-nits. In some abilities to make independent expenditures cases, federal law does not allow in federal elections. Some California local direct contributions. For example, governments had similar laws -for local corporations and labor unions may not I N. elections. In 2010, t e U.S. Su preme give money directly to a candidate for Court determined In the Citizens United a federal office. case that independent Dendent expenditures made person • Independent Expenditures. A by corporations and labor unions are a form makes an expenditure" of speed protected under t h e Constitution. if he or she spends money to influence used on this determination and related 64 Tills and summary/Analysis CORPORATIONS. POLITICAL SPENDING. PROPOSITION FEDERAL CONSTITUTIONAL PROTECTIONS. FMAI% LEGISLATIVE ADVISORY QUESTION. 0�0 ANALYSIS BY THE LEGISLATIVE ANALYST U,a NT I N U H court decisions, government may not limit Historically, only one amendment— the right of corporations and labor unions the 21',t Amendment repealing the to make independent expenditures. This prohibition of the sale of alcoholic ruling applies to federal, state, and local beverages—has been approved governments. t1hroulgh state-level conventions rather Two-Step Process to Change the Constitution. than by state legislatures. The Constitution may be changed through igh PROPOSAL a two-step "amendment" process. Under this process., described below, only the Proposition 59 asks if California's Congress., state legislatures., and—if elected officials should use all of their called by the Congress—conStItUtiorial constitutional authority—Including, but not conventions have a role in changing the limited to, amending the Constitution—to. Constitution. Since thle Constitution a Reverse the effects of Citizens United became law in 1-789, 33 amendments and related court decisions. have been proposed and 27 amendments a Allow the regulation and limitation of have been approved through this process. I political camiDaig,n spending. • Step One: The Congress Acts. The * Ensure individuals are able to express process to change the Constitution political views. begins with the Congress either pro.r)OS',n,g changes or amendments a Make clear that corporations should to the constitution 1.or (2) calling not have the same constitutional rights a constitutional convention to as people. propose amendments after the state Proposition 59 Is an advisory measure only. legislatures of at least 34 states have It does not require any particular action by asked for such a convention. No the Congress or the California Legislature. amendment has been proposed by a constitutional convention. FISCAL EFFECTS • Step Two: The States Act. At least This measure would have no direct fiscal 38 states must approve a proposed effect on state and local governments. amendment before it becomes law. Visit http://Www.sos.ca.govlmeasure-contributions Depending on instructions frorn the for a list of committees primarily formed to support Congress., states approve proposed or oppose this measure.Visit http://Www.fppc.ca.govl amendments through elthler the state transpareacyltop-contributorslnov-16-gen-v2.hW legislatures or statedevel conventions. to access the committee's top 10 contributors. For the?full text of Proposition 5.9, sec page 148. 65 m»POSm»w CURP0RAT0NS. POLITICAL SPEND|N-U. 59FEDERAL CONSTIT0DONALPROTECTIONS. 1LE�ISLA'FIVE.ADVISORY QUESTION. * ARGUMENT |N FAVOR OF PROPOSITION 59--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- VoteYES on Proposition 59 to help get big money out them to drown out the voices of veal People-----auvoters, of Politics and restore a government of, by, and for the consumers, workera, and small business owners. poop!e. We Tile Peop|a should have the right toset reasonable Coqpmnet�ny3ndb��ona�eu should not be allowed to limits on the raising and upending of money by continue to buy our elections. candidates and others to influence elections. But that'aexact|y what the United States Supreme Court Vote YES on Prop, 59 and tell Congress to pausan did in the disastrous Citizens United u FECru|ing. Th|u amendment to the U.S. Conatitution that puts an end to misguided decision gave corporations the same "rights" this corrosive po|itical spending. as human beings and feed them to spend unlimited (California voters have used ballot measures to instruct amountuofmoney in our elections. Other recent and improve our state and local governments before. decisions overturned long-standing laws limiting "now Prop. 59 allows us to do this on this critical issue. much billionaires could spend in an election. Real campai8nfinanoereform can only happenwith As result, corporations and their billionaire owners are a groundswell ofQraaymoty support from across the spending unprecedented amounts of money toti!tthe countrv. Let's do Our part and vote YES on Proposition outcomes of Our elections in theirfoxor. 59. Co�po:y�onsandb��/na� greater Help send a message to Congress to act now to vo/ca /n Our elections than California voters. Corporations strengthen our democracy. spend huge amounts of money to influence *!ectiun Noba YES on Proposition 59, results and make it harder for our voices tu be heard. BENALLEN. State Senator The Supreme Court was wrong and must be corrected. KA|OHELESUTTER. Co_Founder Corporations playe v/te/ro/e /n our economy. But Money Out Voters In corporations aren't peop/e. They don't vote' get sick, or KATHAY FENQ, Executive- Director die in wars for our country. The Conatitution waswr|tten (California Common Cause- to protect human bein8y' not corporations. The rights granted to oorporationy by the Supreme Court allow * REBUTTAL TO ARGUMENT |N FAVOR OF PROPOSITION 5A Proposition 59 DOES NOTHING. Do you nea//v want politicians ounenQy/n office bohave Even supporters admit that all bhix measure does ix the power bos8encethe voice of'people ororganizations "solid a nnaszoge to Congress.'' who want to change the way out,go:ennnoent works? Theyadmit that corporations ''p|aya vital role in our Proposition 5Q has NO force of law. |t DOES NOTHING. economy." We've all agreed with many Supreme Court decisions. The Legislature should focus on doing 'its job and stop We've all disagreed with many others. putting meaningless measures on the ballot toask One tiling Democrats, Republicans and Non Partisan Congress to limit free speech byoverturnin0 the Supreme voters CAN agree on iy that the 8400y/na Court should be Court. above,politics arid above piokinQwinners and |osera. Corporations give money. Labor unions give money. Proposition 59 is political statement by select few People give money. They ail do i� tosupportuandidates whowantto imposetheirwill on the many. Instead of they like and oppose candidates they don't. putting do-nothin0 advisory measures on the ballot.' the Supporters of Proposition 59 say the people "should Le0is|atureshou|d fouuaon tranyparencyand startdoin8 have the right toset reasonable limits on the raising and the people's business. spending of money by candidates arid others to influence Vote NO on Proposition 59 . . . It DOES e|eot|ons.'' NOTHING . . . IT MEANS NOTHING. 'Who decl'dea what those reasonable /i/n/ba^e7 ]EFFSTONE, State Senator THIS CONGRESS? 28th District TH18LEG"1SLATURE! K.H. AOHADJ|AN. Assemb|yman 35th District 66 1 Arguments Aopsegfspxvado»fljisvggoarp!he opif�ioo;/xhoauthors,and have Pat Ve��o��owmo�/��9o��/�oq' CORPORATIONS. POLITICAL SPENDING. ,'l « T!s FEDERAL'CONSTITUTIONAL PROTECTIONS. LEQSLAJ|VEADV|SURYOUEST0N. 59 ARGUMENT AGAINST PROPOSITION 5g * PROPOSITION 59 IS A BIG WASTE OF YOUR TIME AND Newspapers and To!ovision networks are incorporated. OUR TAXRuYER DOLLARS. Fauebook' Gou8|e. and Twitter are incorporated. The LEGISLATURE placed this NON-BINDING Even organizations |ikeCommon Couuo. the League ADVISORY measure on the ballot tuuaytheywant of Women Votons, and the America..,, Civil Liberties campaign financereform and want to curb the power Union (ACLU) are incorporated. People shouldn't lose of special interests in Sauramento, but i- actually their Constitutiono| rights just because they choose to doey nothing ofthe kind. Instead, it argues that FREE become involved in a company o, organizotion �hat ia SPEECH SHOULD NUTAPPLYTDsmall businesses and incorporated. others who choose to incorporate asacorporation. What Our BALLOT Sshould NOT be clogged with pointless 1hia measure fails to accomplish is: NON-BINDING measures. w It FA|LS to prohibit or limit corporate contributions to Thiu is the firut, but if you vote ^'yos" it surely won't be candidates and elected officials. the !ast. Instead, your NQ VOTE sends a clear measago • It FAILS to prohibit o, limit union contributions to to the Legislature: candidates ore|oc-ed officials. m Stop WASTING OUR MONEY--This measure costs w It FA|LS to prohibit or limit corporate contributions to taxpayers half million dollars, or more. political parties. * Stop CLOGGING OUR BALLOT with meaningless • It FAILS to prohibit o, limit union contributions to measures that DO NOTH!NG. po|itical parties. m Start DISCLOSING political contributions WITHIN 24 Instead, Proposition 59 asks the California members of HOURS ofreoeiptyear'�ound. Congress to change the First Amendment of the United * Start DOING YOUR jOB. Fix our broken education States Constitution. Do you really want THIS CONGRESS system. Fix our broken roads. Pruteot us from crime. tinker with the F!RST AMENDMENT which 8uarant*ey Nobody likes the current state of Po|itiou in America or and protoctu: Ca!ifornia. But PROPOSITION 59 is just a "feel-good" w Your right tu prooticeyou� re|igion? measurethat does NOTHING to increase disclosure of • Your right to FREE SPEECH? money boin8ypent in po!itics. w Your right tua FREE PRESS? Please VOTE NO on PROPOSITION 59. IT DOES • Your right to peaceably assemble and associate with NOTHING. others? ]EFF STONE. State Sena-or w Your right to petition your government? 28th District Supporters of Proposition 59 argue that "corporations N/TCHOACHAO]lAN. State Assemblyman aren't peop|e." But, many Churches are incorporated. 35-h Distrio- * REBUTTAL TO ARGUMENT AGAINST PROPOSITION 59 DON'T BE FOOLED BYTHE OPPONENTS' MISLEADING constitutional amendment. Vote YES on Proposition 59 SCARE TACT|CS. to tell Congress to act. Vote YES on Proposition 59 because if we don't overturn 0verturninQ Citizens United w|i| open the way to Ihe Supreme Court'a disaytrous C/t,zeno Un/tedru|ing we meaningful campaign finance reform that will return will NEVER be able to enact the reforms that we need ownership of oure|eotiona back to ordinary Americans! to PREVENT CORPORATIONS AND WEALTHY SPECIAL Voting YES on Proposition 59 will send a clear message INTERESTS FROM BUYING OUR ELECT IONS. to Congress that VVethe People want OUR voices heard Opponents want you to be!iove -thatoverturninQ C!tizeny during elections. Un/bed will affect your First Amendment rights. Only BIG Dcn't let the oppunents fool you-----corporations and MONEY INTERESTS who want to control our elections bb'lioneiresshou/dnotbe allowed to continue to b4your have anything tofear from overturning Citizens Un/teci e/eC ti,cnS. Corporations should no- have the same rights as human Vote YES on Proposition 59to help get big moneyOut beings--theyyhou|d not be allowed to spend un|imited of politics and restore aQovernment of, by, and for the amounts of money tocontrol our elections. BUT THAT IS PEOPLE. EXACTLY WHAT THE CITIZENS U8//7EDDECISION LET K�4RKLENO. State Senator THEM DO! |t struck down !imitson oo,Porat* and union M|CHELE8UTTER' Cu-Founder po!itico| spending. Nluney Out Voters In Democrats, Repub|icanu, and independent voters KATHAYFENG, Executive Director agree that C/t,zeno United should be overturned with o California Common. Cause Amwrva»upinmd ov this«aga are the��ioftxof have not beer,rhvd*d for accuracy kyaqvfficia/vgptiq, A,Gurnent5 1 67 PR0P00ON ��N� �NU �� U�� | ��N��V�� ^��n nm�mn�. ��n��. nm��nonn��mn*�mm��n�. N�N�N��N�� is a m�mnmmnnmm� �nmnn�n�. IOU OFFICIAL TITLE AND SUMMARY pxEp«nen BY ms mmxwm uswmm * Requires performers in adult films use �undums � Permits state, perh�m�ry, m an;sta�' resident to durinQfi|m|ng of sexual intercourse. enforce violations. m Requires producers ofadu!t fi|msto pay for performer vaccinations, testing, and medical SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF NET examinations ne!atod to sexually transmitted STATE AND LOCAL GOVERNMENT FISCAL IMPACT- infections.. a Like!y reduction of state and local tax revenues of • Requires pmduoersof adult h|moto obtain state several million dollars Per year. health license, and post requirement w Increased state costs that cou|d exceed $I million film sites, annually to license and neg/|ute adult film m Imposes liability on producers for violations, on production and toenfuroe workplace health and certain distributors, on porfonnera if they have oafet; ru|es. costs would be offset tosome afi�nanoia! interest in thefi|m invo|ved, and on extent by newfee revenue. talent agents who knowingly refer performers to nonoomp/y/n8pnxzuoers. ANALYS|S8YTHELEQ|SLA[|VEANALYST BACKGROUND fluids. For this reayon, current state regulations Qenera||yrequire employers to provide and ensure that California/x the Leading Adult Film Industry Location. their employees use protectiveequipmenttoprevent Many adult fi|my are made in the San Fernando contact with oertain body fluids in the workplace. In Va||ayof Los Angeles (a long-time center of adult fi!m enfo,oingthese regulations, Ca!/OSHA is requiring production) and elsewhere in California. (Adu|tfi|mu performers to use condoma during sex on adult film are also cummun|; called ''ponmQraphy.") A numbe/ sets. Cal/OSHA Qenera||y enforces these rules b; of media uompanieo produoe adult films here' which responding to comp|aints� Over the two-year period consumers mostly view over the Internet. Some adult of 201,4 and 2015. Cal/OSHA cited four production fi|m performers also own businesses that p,oduce, companies for vio|otions of these regu|ations. finance, or distribute content. These businesses ino|udewebsitesand social media platforms where Los Angeles County Law/Spec/�ra/�'Re4m�emAmko� �Vm0ondmmU�e |n November 2Ol2 voters in the performers promote their own videos and photos. ' ' Los An8e|esCounty approved a ballot measure S�hpLaws Protect Won�/rSafety and 6eu�h' State |aw (K8easure B) that specifically requires performers to imposes variety of requirements on employers to use condoms durinQ sex on adult film sets there. proteotthairemp|oyeeu �rom harm in the workplace. The state Division of Occupational! Safety and Health Industry Practice Varies. Some adult fi|m (Ca|/OSHA) enforces regulations to protect workers productions currently require or a||ow performers from work p|uoe hazards. Astate board, appointed by to wear condomu. Howevor, despite state and |ooal the Governor, is responsible fo, adopting and updating regulations, other producers and performers prefer to these workplace health and safety regulations. make adult films without condoms or other protective Performers and other workers on odu!- fi|m s*ts. S:uch equipment. Parts ufthe industry instead use regular as directors and camera uporatoru, may be exposed to ST| testing that aims to confirm that performers are o variety of health and safety hazards while working free of harmful infections. there. Theae range from typical workplace health and safety issues (like inadequate first aid kits in ��U the workplace) to other risks specific to adult film PROPOSAL ��,~� sety--suuh as contact with potentially infectious body Proposition 60 places in the California Labor Code fluids, eypecia||ysemen, while making or performinQ additional requirements, as summarized in Fi8u,e I, in afi|m. related -owurkp|aco health and safety on adult Ca110SHAA ��qu/o��ob�f�mCmn�gmb��' film sets in -his state. This measure specifically ---' applies tosexual intercourse on adu!tfilm sets ''in Ca|/0�HAconside,sexposu/etooertainbodyMuids owodqdace hazard� Thiu is becau�e hormfu| sexua||y which performersactually enQage in vaginal or anal transmitted infections (ST|u)--|ike ch!am��o, penet/atiun by u penis.'; hepatitisB. and -hehuman immunodeficiencyvirus C�n� St ate Specifically Ra4x�m (H IV)--ypread from infected people to healthy people Condoms.This measure clarifies how some key through contact with blood and certain other body provisions of existing workplace health and safety 68 | nt|ovnuavmms,y/Analysis ADULT lII-MS.;ONDOMS. HEALTH REQUIREMENTS. PROPOSITION INITIti NT AM aft STATUI-E, bU ANALYSIS BY THE LEGISLATIVE ANALYST a N T INUE.3 Figure 1 ` could request Cal!CSHIA to address Proposition 0 Would Place some alleged adult film workplace Additional Requirements an Adult File Industry health arid safes}, violations. If Cal/.,SHIA canes o' take certain ;)aui#;t?<.,i#, .S _.<.: ry..,,r..:#� t,k�a r, 3 ,7 ` actions within specific time frames, that person could file a civil action ` against the adult film producer. If ° t�E 3t�E i3 M w duttvs SEE#?t. k.:#a,,., 3f fi,"ri M ol!to.#*i a3? \ e I prevails, he or SI�e would individual rev e able to recover their legal gal the i:D`r T.m? ,_: costs and receive 25 percent of env by a .. • 5. 3.ti--`,,pt f F. 'E.,�iC#�� )!#$ _. 'z.i3,i �i.,v,£j� S )i *t is �#.xigtli, J-E1t £iP?t. ` la wsu penalties,Iwithhe rest being Paid Such i F;c g. e L• ` g p Q hE#..S4.srTF`�.4i`.m?>•..�.c...i..,.3.EL i 3,�tsC-iRfa.C..E:...f,#�7;?rEr K ?+i,lGrm r,sSh.E;.c3 ` to the State. The measure provides A ` that its penalties will not apply to k)ot #t " Yk,3„r ck#t;mt#117i '„<orxg.�wt. 4.mlffl,-.ni# lt Sa performers thoseindividuals pha1lepna g S financial interest in a film and are not rules apply specifically to the adult film industry. It producers of the film. puts into the tabor Codea specific requirement that adult filmy. producers provide condoms and ensure that perforrrners E.se them (as opposed to the existing, FISCAL EFFECTS general workplace health and safety regulatirns about Likely Reductions in Tax Revenue. Industry participants preventing contact with blood and certain other body would respond to this measure's increased regulatory Fluids). This measure states that the condoms do not and enforcement requirements an many ways. Some have t7 be visible in. films distributed to consumers. parts of the adult film industry would cornply with However, adult file; producers would need to be- able the measure while others m-night choose to relocate to prove that performers actually used condoms. outside of California. It is also oossible that same Other Requirements a,nAdult Film Producers.This adult film producers would try to evade state and proposition requires adult film-n producers to be local law enforcement while continuing to mare adult licensed by CaIiCSHIA every two years and to notify films here. Adult film wages and 'business income Gal/CSIdA whenever they make an. adult film. Adult in California would likely decline and, as a result, film producers would pay fees to Cal/OSHA to the measure would likely reduce state and local tax administer these new requirerrients. In addition, revenues by several million dollars per year, adult film producers would be required to pay for Regulatory and Enforcement Costs and Revenues. The the costs of performers' work-related STI prevention ongoing,state government costs to implement this law vaccines, STI tests, and medical examinations. The could exceed $1. million annually. IMost of the costs measure also requires adult film producers to keep would be covered by new fees on adult filrn producers. records showing that they complied with the new Any penalty revenue would be deposited into the state requirements. General Fund. Expanded Time Frame for Enforcement. Under current Other Public Budget Effects. The rrieasure could have law, Cal/OSHA generally has six months from the time other fiscal effects on California goverrarnents. For Of a workplace violation; to complete its investigation example, a reduction in errnploymerit in this adult filrrl and issue a citation. The proposition allows industry could result in a minor increase irl stags or enforcement actions for these adult 'fllrn violations local costs for health or social services programs. Tile to be started within one year after the violation is or measure could also result in fewer transmissions of should have been discovered. STIs, w1hich could somewhat reduce state or local Expands Liability for Certain Workplace health and casts far publicly funded health programs. Overall, Safety Violations. In addition to adult film producers, the net effect an publicly funded health and social the rneasure m�?akes adult film distributers amid talent services programs probably would be minor. agents potentially liable for workplace -health and Visit http://Warsos.ca.govl easure-contributions safety violations placed into law by this measure. The measure also vets financial penalties far violations of for a list of committees primarily formed to support these requirements, or oppose this measure.Visit http//Www.fppc.ca.govl Allows Individuals to Bring Lawsuits on Regulatory transparencyltopLLcontributorslnov 16-gen-v2 htnj1 Violations. Under the measure, any California resident to access the committee's top iG contributors. For the?ful!text of Proposition 60, see page 148. Title and SUHT-nary i Analysis 69 PR»mxm»w ADULT FILMS. CONDOMS. HEALTH REQUIREMENTS. AM |N|TIAOVESDATUTE b 0"' ARGUMENT |N FAVOR OF PROPOSITION 60--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Nobodyshou|d have to risk -heir health in order to keep within the adult film induut,y in recent years. their job! Purnographers say aduit film performers are tested for A YES vote for Prop. 60 is a vote to protect Cal ifornia disease. But testing (which -he workers must pay for!) is adult film workers from disease. Porn producers refuse to inadequate. It does not effeutive|y identify many sexually provido o safe workplace for -heir porformera. Asa reau|t, transmitted diseases in a timely mannec Condoms 'thousands ofworkers have been exposed to serious pnovde important additional protections. Vote YES on and life-threatening diseases, it is fine bo hold the Prop, 60 for worker safety! pornographers accotintabie for worker safety and hea.1th We all pay the price because pornoQrapheo refuse to /n Ca//horn/asadu/ffi6n /ndush'K play by the rules. The lifetime cost to treat HIV is nearly Since 1992, the law has required condom use in half mi||ion dollars per person, This industry has cost all adult films produced in California. According to California taxpayers an estimated $lO million in HIV Cal/OSHA, ~Cbndo/ns are negu,;red /np/obecitadu/t treatment expenses a|une. In addition, taxpayers pay fikn workers ho/nexpnsu/ebo HIV and uthersexua//y hund red softhuusandyof dollars each year totreat transmitted /nheob ''ons� Prop. 60 closes loopholes in the related diseases, existing iawand improves enforcementso porn o8raphery I he need to strengthen existing law is particularly urgent can more readily be held accountable for the same now because the adu|tfi|m industry is struggling to make vvorkp|aue protection law that applies to every other profits, As a resu|t, pornographers are more likely than California induutry. Prop. 60 only holds adult fi!m ever to resist condom use. Prop. 50 provides health producers, direotora, and aQentsacoountab|e--notadu|t officials with the enforoement tools they need to help film performers. ensure the law is enforced and adult film workers are The America..,, Medical Association. -he American Public adequately protected. Health Association, and other major medical and Public Pornographers have taken advantage of young working health inutitutionssuppurt -heuseofuondomyinadu|t women and men for too |on/� Pornographers�must not films. But pornographers b!atant!y ignore the law. They be a!|uwed to oontinue tu xiu!a-e -he law that protects oomp|uin condom use in their films will hurt their profits. these California workers. This iy about foirnesu and They fire and b|ack|iyt adult film performers who want to responsibility. Visit fA/R4CA,o�gfor more information. protect themse|veswith condoms. VOTE YES UNpROP 60/ When pornographers ignorethe law, they expose their workers to HIV, syphilis, ch|amydia, gonorrhea, herpes, CYNTH|AOAV|S, M.PH., Board Chair hepatitis, and human pap|||omavims (HPV)� Soientif|u AIDS Healthcare Foundation studies show adult h|m performers are far mure likely UARYA. RlCHVVALD, M.D.. �8.�H.. Former Director tu get sexuaUytranomitted diseases than the general LoaAnge!es County Sexua!|yTransmitted Disease Program population. houoands of cases of diseases—which can DER0CK0URTS. HIV-Positive Former Adult Film Worker upreadtothe |argeruommunity--have been doCumentad * REBUTTAL TO ARGUMENT |W FAVOR OF PROPOSITION 60 Prop, 60 is dangerous for workers, and costly to voters OPPOSITION to Prop. GO is8rowing, including public hike you. This initiative iy the only one opposed by all health and civil riQhtyogIanizations, yuoh as Equa ity major political parties, Ca|ifomia, APAC (the largest, independent performer Oneypeo|a| inten�s Qmup hayopent mi||ionsof duUars o i ati ) and LA LC8TCente� The CALIFORNIA drafting Prop. 6G and funding the campai Is it DEVIOCRAT|C PARTY and CALIFORNIA REPUBLICAN surprise that this special! interest group Will also profit PARTY oppose Prop. 60. from theproposition'? They will be given authority tofile Prop. GO is an "ail-or-nothing" approach funded by a oount|ess lawsuits against workers in adult films and can ainQ|eypecia| interest group. Worker safety policy should pocket special fines. Every on-set wmrkerCould be sued. bewri�en with everyone's input. VOTE NO ON PROP. 60. Prop. 60 also givcas ANY resident ofCa|ifomia the ability To |aam more, visit Californians Against Worker touue adult performers who produce adult films. Harassment at Don�faamaCA.00n/ Even an injured worker. Can you imagine the potential for 0ACHEL "OHANELP0ESTON"TAYLOR Presidantofthe abuse and harassment? And the cost. It's no wonder the ' .nonpartisan Legi�|ativeAna!yyt'sO�ice (LAO) *stima�es Adult Performer Advocacy Committee a potential cost toCalifornia toxpayensof "millions of ]ERE |NQRANN, C|H, CS� FA|HA, former Chair ofthe do||uns�" �a|ifomia Occupational Safety � Hea|th Standards Board This is what happens when a upocia| interest group MAR|ELOU|SE ^^N!NAHARTLEY" LEV!WE. Bachelor ofScience spends millions of do||uns on a complex thirteen-page in Nursing initiative: u measure with so many flaws and problems that it negates any positive components. It even weakens current workplace safety, ADUiT FILMS. CONDOMS. HEALTHREOU|RBMENTS. m»msm»w |N|T1,kOVES IAO'UTE, 60 ARGUMENTAGAINST PROPOSITION 6O--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- VOTE NO ON PROP. 50: This is what happens when one HERE ARE THE FACTS: special interest group has access to millions of dollars to According to California's nonpartisan fiscal advisor fund a political' campaign. This 13 pa8e measure iuso Prop. 50 could cost taxpayers "MILLIONS OF ted it is the only ini�iative this OPPOSED DOLLARS" each year/ money could be spent by the CALIFORNIA DEMOCRATIC PARTY and the on eduoation, heal-h care. libraries, police and fire CALIFORNIA REPUBLICAN PARTY Even the California services, Libertarian Party opposes Prop. 60. w The ultimate trial |uwye/ ballot measure, Prop. 60givey The proponent wants you to believe it is about worker EVERY Californian the right to sue those who produceu/ safety. However, Prop. 60 is OPPOSED by 'the ONLY distribute adult content, which could include adult film independent all adult hknpenhnnerorganization inthe performers, inc|udinQLGBTpe�ormeo, on-set workers, state, with hundreds of dues paying members, in a ietter and cable and oatei|iteteievision companies. lhe to the California Secretary of State, the President of the initiative'o pna umpt|on of liability could apply to every Aduit Perfurmer �dvuca�yCommittee, Chanel Preston future Cal ifornia-produoed adu|th|m on cable television, stated the initiative is dangerous for the health and = Prop. GO could force adu|tf||m performers to publicly safety of performers. disclose private /nfbnnatt/on, ino|udinQtheir legal Prop, 60 isa!soOPPOSED by many civ|! rights and names and HOME ADDRESSES. public health organizations, including Equality California, a State emp|oyeeawi|| have to ",review" adult fi|ms. �heTianu8endar Law Center, AIDS Project Los Angeles, a The named pmponent iaauthorizedto be "sworn in^ the Loa Angeles LQ8� �en�er and the San Francisoo as an agent of �"he state: only the Le8is!ature can VOTE AIDS Foundation. him out of the position. P,up. 60 is opposed by busineuu leaders such as the ° Married' couples who distribute films pmduuud in their Valley Industry & Commerce Association (V!CA). own homes could be sued. The proponent wants you to believe this is about worker Prop. 60wi|| cost taxpayersmillions of dollars, oou!d safety. But this disguises the real impact measure: violate privacy, and even make the ProponenT an the creation of an unpreuedented LAWSUIT BONANZA agent of the state-----indemnified by taxpayers like you. 'that will cost taxpayers "millions ofdo||a,s" and That's why should join performers. business leaders, threutensthe safety of performers. the CALIFORNIA DEMOCRATIC PARTY and CALIFORNIA The initiative creates a new private right ofaction REPUBLICAN PARTY and VOTEN00N PROP. 5O, authorizing the Proponent 38 K8|LL|ON '- MARK LEND Senator RESIDENTS 0F CALIFORNIA tofi|e |awsu its d�ec�y ' Ilth Distrio- againstthosewho produce o/ dist,ibute adu|toontent, which could include adult h|m performers, even ]�Y �L�O�TE|�. M.D. Internal Kedicine/Infeutious Diseases performers on v ,, television. companies. No other worker in California can ]ESSlCAYASUKOCH|, Vice President be stied this way. VOTE NO ON PROP, 6O. Vu||ey |ndustry & CommerceAssociation --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REBUTTAL TO ARGUMENT AGAINST PROPOSITION 60 * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- KXake no mistake about who opposes Prop. 50. It's the a Southern California Coalition forOooupationa| Safety greedy porn producers. They routine|yput adult fi|m and Health performers' safety and health at risk by forcing them to = American College of Obstetricians and perform without condoms. Recent studies found that one Gynecologists-----District !X in four performers have beon sick with serious Sexually a American Sexual Hea!ffi Aayooiat|on transmitted disea Nob !dha:e tu risk�e��q� m Beyond AIDS 3yerious disease to keep their/ub/ m California Communities United Institute The prof its-before-safety lawbreaking in the adult fi!m pornographers have abused performers for far too long. induytry is well documented. California safety and health Performers need and deserve the same workplace officials—Cal/OSHA—haveissuedHUNDRED� OF S:afe-yand health protections that construoTion workers, THOUSANDS 0FDOLLARS in citations against nearly farmwo,ke,s, nu,ses, and millions of other California two dozen pornographers for vio|atinQ ru|esthat clearly emp|oyeey already enjoy. require condoms in adult films, VOTE YES 0NPR0P, 60/ But Cal/OSHA officials have frequently been blocked by iuopho|esand enforcement |imitatiuns. Prop. 60wi|| close ]EFFREYKLAUSNER, M.D., M.,P.H.. Professor the loopholes an(,'. strengthen Ca|/OSHA's ability toen|oroe UCLA School of Medicine existing |aw. This /sabout+ fairness and oes.,Dons/b///tV! PAULATAVROVV, Ph.D., Director Prop, GO is supported by NUMEROUS MEDICAL AND UCLA Bixby Program on Population and Reproductive Hea!th PUBLIC HEALTH ORGAN|Z��|ONS, 'including: AK8ANDAQULLESSER|AN, Founder ~ California State Association ofOocupationai Health Nurses International Entertainment Adult Union (!EAU) ~ Ca|ifomia Academy of Preventive Medicine Amwrr"a»upinmd ov this«aga are the��ioftx and have not beer,rhvd*d for accuracy kyaqvffiria/vgpliq, A,Gurnent5 1 71 PR0P00ON STATE PRESCRIPTION ��N�N�� n^�n� m mx��n*mn mn�� n�� PURCHASES. PRICING N�N�N��N�� m�mnmmnnmm� �nmnn�n�. OFFICIAL TITLE AND SUMMARY pxEp«nen BY ms mmxwm uswmm m Prohibits state agencies from buying any under managed care programs funded through prescription drug from a drug manufacturer K8edi'Ca|. at any price over the lowest price paid for the same, drug bV the United States Departmentof SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF NET Veterans Affairs, except as may be required by STATE AND LOCAL GOVERNMENT FISCAL IMPACT. federal !avvL w Potential for state, savings ufan unknown * Applies tuany program where the state agency amountdependingon (l) how the measure's is the ultimate payer for a prescription drug' imp!ementation challenges are addressed even ifthestate agency does not itself buy the and (2) the responses of drug manufacturers drug. regarding the provision and pricing of their • Exempts purchases ofprescriptiondrugs d'uIgS. ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND purchased by the pharmacies and dispensed to individuals enrolled in certain state programs. The State Payments for Prescription Drugs Annual State Drug Expenditures Totaled Almost State P@m�/��f��C ' �oD�/B�� @nd�y�� $3.8 BHV�>D/n20/4—/�� Asshown 'in Figure l, the ^ ' ~ state spent almost ��3 8 billion on presoription Different S� /� or�m7� —' b� � pi the state � ~ drugs in 2Ol4 l5 under a variety of state pays for prescriptinn dru�s under pro�ramsthat — provide health care or health insurance to certain Programs. State funds pay for rough|y half of state populations. For example, the state pays overall state prescription drug sDeriding, and the t remainder is paid with federal prescription drugs through re and other nonstate coverage it providestothestate's low-income revenues. residentsthrnugh the K4edi Ca| program and toourrent and retired state employees. Figure: I Th* state also provides and Artnual State. Drug Spendinga Pays -for the health care of prison inmates, |nc|uding their prescr|ption drug costs. State Pays for Prescription Drums in a Variety of Ways. In some cases, the state purchases prescript ion drugs directly from drug manufacturers, In other cases, the state pays for prescription drugs even though it is not the direct purchaser of ToW them. Forexamp|e, the state reimburses retail pharmacies for the cost of prescription. drugs 72 1 nt|o and avmms,y/Analysis STATE PRESCRIPTION DRUGPURCHASBL PRICING STANDARDS. m»nam»w |N0AT|VESTATlJTE. b I ANALYSIS BY THE LEGISLATIVE ANALYST ouwnmom Prescription Drug Pricing in General United States Department Of Veterans Affairs (VA) Prices Actually Paid Often Differ From the Drugs' Prescription Drug Pricing ^��"'Prescriptinndru�sso|d inthe United K� f��i��f��8h /�*�f� W9bf%8D�. The States have list prices that are similar tuthe VA provides comprehensive health care to manufacturer's suggested retail price (M3Rp) for approximat*|y nine million veterans nationwide. autamobi|es. Purchasers of the drugs typically !n doingso, the VAgenera!!y purchases the negotiate the prices and often receive discounts. prescription drugs that it makes available toVA As a result, the, final price paid fora Prescription health care beneficiaries. drug is typically lower than its list price. ��d��d�r�/y��SCr�U��0�:y� Different Payers Programs ' Drug �^ ~ The federal government has the Same l�u� Often there is no Expenditures.' '~~~'v~~~'^ � �~ estab|ish*d discount programs that place upper single price paid by all payersfara pa�inu|or limits onthe prices paid for prescription drugs by prescription drug Instead, different payers may � ' selected federal payers, including These regularly pay different prices for thesamedrug � ' programs in lower pricesthan which reflects the results of negotiations between those available to private payers� the drugs' buyers and sellers. For example, two different insurance companies may pay different VA Obtains Additional Discounts From Drug prices for the same drug, as may two separate Manufacturers DrSellers. On top of the federal state agencies such as the California Department discount programs described above' the VA of Health Care Services (OHM and the California often negotiates additional discounts from drug Department of Public Health. manufacturers or sellers that lower its prices Prices Paid for PYesC/toN�VQ�xm��y� �M�J�«b6�� be|ovvvvhatotherfedera| departments pay. ' — ^ K4anufacturers urse||ers provide these discuunts to Confidentiality Prescriptinn dru�- — purchase agreements often contain confidentiality in return for theirdrugs being made readily clauses that are intended to prohibit public available tnVA patients. disclosure of the agreed prices. Asa result, the KA Publishes Some of Its Prescription Drug Pricing prescription drug prices paid by particular Information. The VA maintains a public database entity, including a government age.-Icy, may be that lists the prices pa|d by the VAfor most of the unavailable tnthe pub|ic. prescription drugs it purchases. According tothe VA, however, the database may not display the State Prescription Drug Pricing lowest prices paid for some of the drugs for which State Strategies b7 Reduce Prescription Drug the VA obtains additional negotiated discounts. Prices. California state agencies pursue a, The VA may riot pub|ish this pricing information variety of strategies to reduce the prices they in the database due, to confidentiality c|auses pay for prescription drugs, which typina!|y that are, inc|uded in certain drugs' purchase involve nevntiatin8with drug manufacturers agreements arid are intended to prohibit public and vvho|esa|ers. The particular strategies disclosure of the negotiated prices. depending oil program structure and the manner in which the state programs payfordrugs. For PROPOSAL example, mu!tip|e California state departmentsMeasure Sebs an Upper Limit Amo unt State Can jointly negotiate drug prices with manufacturers. By negotiating as a sin . '' g|e, larger entity, the Pay for This measure genera||y participating state departments areab|etno�t�in prohibits state agencies from paying more for a lower drug prices. Another statestrategy is to prescription drug than the lowest price paid by nev,ntiate discounts from drug manufacturers in the VA for the same drug after all discounts are exchange for reducing the overall administrative factored in for both California state agencies arid burden on doctors prescribing these the VA. manufacturers' drugs. For the?xu//exlo/Propoo/(/u:61' sec page z54. nueanxaummi,y/Axs|y5i5 | 73 nmnom -A STATE PRESCRIPTION DRUG PURCHASES. PRICING STANDARDS an bi |N|T|NOYESD\ UTE. ANALYSIS BY THE LEGISLATIVE ANALYST nuwnmoEn Measure Applies Whenever the State/S the Payer 0f the prices ofthe presoription drugs it purchases Prescription Drugs. The measure's upper !imit on dues not always identify the |owest prices the VA state prescription dru8 prices app|i*a regardless pays. This is because, at least for some drugs, of how the state pays for the prescription drugs. It the VA has negotiate,.! a lower -rice than that applies, for example, whether purchases shown in the pub!ic database and is keeping that prescription dru8a direot|yfrnm a manufacturer or pricing information confidential. It is uncertain instead reimburses pharmaoies for the drugs they whether the VA could be nonetheless required provide tnenrollees of state programs. to disclose these lower prices toan entity--such as DHCS--requestingsuch infnrmation under ��u7��m�04/��(�oRDf��b��1@(�� afed*ra| Freedom uf |nfurm�tion A�t (FO|A) H�/��re ��D�� . ^ '~�'~^' �Drug Pricing request A FO|A exemption coverin� tradeseorets Reqm/0e07eJt� The state's KXedi-Cal program offers � and financial information may app!yto prevent comprehensive health coverage to -the state's low- income residents. The state operates N1edi-Cal the YAfrom having to disclose these currently cunfidentia| pricestothest�te. under two distinct service delivery systems: the fee-for (which serves approximate|y ��M��nt�'/�»0fK� &hzorf�/c8� ��u/��0��y�/8 th��Ah0�&O��m��t� �� Sm� If 25 percent of N1edi-Cal enro||ees) and the Ability ' managed oaresystem (which serves approximately the VA is legally allowed to heepsomeof its 75 percent ofenro||ees). While the measure prescription drug pricin� information oonfidentia|, DHCSwnu|d be unable tnassess in all cases applies tu the fee-fnr-s*rvicesystem, it exempts vheta� ncis r paying managed care system from its drug pricing essthan or requirements described above. equal to the lowest price paid by the VA for the some drug. This would limit the stote'a ability to 8HCS Required to Verify That State Agencies implement the m*asur* as it is written. However, O�Are Complying Measure's ��nu�F� ' to 'address challenges in implementing laws, Requirements. The measure requires DHCSto courts sometimes grant state agencies latitude to verify that state agencies are paying the same implement laws to the degree that is practicab|e or less than the lowest price paid by the VA on a as |on8 as implementation is consistent with the drug-by-drug basis. laws' intent. For example, courts might allow the state to pay for drugs at price not exceeding the FISCAL EFFECTS lowest known price paid by the VA, rather than By prohibiting the state from paying more for the actual lowest price, to allow the measure to be implemented. a prescription drug than the !ovvest price paid ��D��/C ��9��f��u�� K� ��8 bytheW4' there isthe potentia| forthestoteto � �� ,realizeReduceobmtDoes Not�Wm/mabefobpoba/S�n�eo|i�e reductions in its drug costs. There are, . however, major uncertainties concerning (I) the Savings. The potential confidentiality of at 'implementation of the measure's !ovvest-cost least some of the lowest VA prices reduces but re-uirement and (2) how drug manufacturers does riot eliminate the measure's potential to vvnu|d respond in the market. VVe discuss these generatesavings related to state prescription concerns below. drug spending. Though pricing information may be unavailable for some of the V4's lowest-priced Potential Implementation Challenges prescription drugs' pub|ic|y available VAdrug prices have historically been lower -than the �7�0f� �iSC�� OC�7ƒ0iOf� prices paid by some California state agencies for Some VA Doug Pricing Information May Not Be some drugs. To the extent that the VA's publicly Pxblich/AccGsS/b/e' The measure generally avai!ab!edrug pricesfnr partiou|ardru8s are lower requires that the prescription drug prices paid than those paid by California state, agencies and by the state not exceed the lowest prices paid by manufacturers choose to offer these prices tothe theVAon a drug'hy-drug basis. As mentioned state, the measurevvou!d help the state achieve above, the VA's public database information on prescription drug-related savings. 74 | nt|o and avmms,y/Analysis STATE PRESCRIPTION DRUGPURCHASBL PRICING STANDARDS. m»nam»w |N0AT|VESTATlJITE. b I ANALYSIS BY THE LEGISLATIVE ANALYST ouwnmom Potential Drug Manufacturer Responses state from paying more than the lowest VA Limit Potential Savings prices for prescription drugs). Therefore, if manufacturers decide it is in their interest 0nu��Ru��bu��o�DS�� Vd�r&��m/�Drug ' not to extend the VA's favorable pric|ng to Could S«w«»'can�xA�ect�sc@//moa�t !nor�erto California state agencies (forexamp|e, to maintain simi|ar levels of profits on their products, avoid consequences such as those described drug manufacturers would likely take actions that akove), drug manufacturerscou|d decline mitigate the impact of the measure. A key reason -to offer the state some drugs purchased by why drug manufacturers might take actions in the VA. In such cases, these drugs would he response tuthe measure re|atestu how *federal |avv unavailable to most state payers. Ins-Lead, regulates yNedicaid prugrams' prescription the statewou!d be !imited to p�yin� for drug prices. (N1edi-Ca| io California's Medicaid dru�sthat eith*rtheVAdues nut purchase program.) Federal !avventities all state Medicaid or drugs that Manufacturers will offer at programstothe lowest prescription drug prices the lowest VA prices. (However, to comply available to most public and private payers in the m/ith federal law, Medi-Cal might have to' United States (excluding certain payers, such disregard the, measure's price limits arid pay as the V4). If certain California state agencies for prescription drugs regardless of whether receive VA prices, as the measure intends' this manufacturers offer their drugs at or below would set new prescription drug price limits atVA VA prices.,) manufacturer response Could prices for all state Medicaid programs. As a result, r*duce potenti 'a| state savings under the the measure could extend the VA'sfavorable drug measure since it might limit thedru2sthe prices to hea!th pro�r�mss*rvin� tensof mi||inns statenan pay for to those that, vvhi|e meeting of additional people nationwide, placing added the measure's price requirements, are pressure on drug manufacturers totake actions to actually more ex-pensive than those Currently protect their profits under the measure. paid for by the state. Below are two possible manufacturer responses. (We note that manufacturers might ultimately Summary of Overall Fiscal Effect pursue both strategies, while at the sametime As discussed above, |falopted, the measure offering some drugs at favorable VA prices] could generateannua| state savings. However, m Drug Manufacturers Might Raise 0N Drug the amount of any savings is highly uncertain Prices. Knowing that the measure makes as it would depend on (l) how the measure's N\ prices the upper |imit for what the implementation cha!|engeaare addressed and state can pay, drug manufacturers might (2) the uncertain market responses of drug choose to raise VAdrug prices. This Would Marl ufacturerstothe measure. As a result, the allow drug manufacturersto continue to fiscal impact ufthis measure or, the state is offer prescription drugs to state a8enciea unhnovvn� |t oou|d ran�e from re|ative|y ||tt|e while minimizing any reductions to their effect to significant annual savings. For examp!e, profits, Should manufacturers respond in ifth* measure lowered total state prescription this manner, potential savings related to drug spending by even afew percent, it Would state prescription drug spending would be result in state savings in the high tens of millions reduced. of dollars annually. w �r�pDV�nuh��bu��tS &0§�r��8n8�� 8�y� �� —'=- Visit---''— S&s.Ca.g0Kli7Veas8Te-cD08OKu80Ss Lowest VA Prices t0the State for Some&hzoz� -~ for a list Of committees p[i0ah~�formed 1Usupport The measure places no requirement on U[oppose this 08@SU[8 Visit hnncC�go&/ drug manufaoturersta �fer prescription ' ^^+''~~~'`'— . �/��oK� �� 1 drugs to the state at the lowest VA prices. ""°"'^�""~'"°r'°'�°""°""=°^°'�"" - �- Rather, the measurerestri�tsactinnsthat t0 access the COR;0i�8B'DtOp1Ocontributors. the sbetecan take (namely, prohibiting the For the?xu//exlo/Propoo/(/u:61' sec page z54. Title and aumma,y/Axs|y5i5 | 75 STAJE PRESCRIPTION DRUGPURCHASES. PRICING STANDARDS. 61 |N|TIADVESTAJUTE. * ARGUMENT |N FAVOR OF PROPOSITION 61--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Dmgcompaniey making enormous profits from people's DruG companies are planning to spend $lOO m|||iun to i||neases and m|ser is �ust a mora| issue. Skyrocketing fight this measure because t �y know� would Cause prescription drug phcesare a matter of life and death. downward pressure on ALL c�/g prices—arid cut into their "Xoref�merioanudieof hepatitisCthan from a!| other excessive profits. infectious diseases— TH0UGH THERE'8ACURE. Don't |ust take Our word for it, a publication fordruQ One reason? The drug company that controls it charges execu�ives ca||ed Prop, 6l ^'�ROUNDZf�'0"' in the more bhan $I,UO0 per pill, out of most patients' reach. nationa| fight for lower drug prices, warning: That's not the only outrageous example of drug-comPunY ''|fthe voters of California approve 'this price-gouging: proposition [it] would no doubt cause an immediate � The price of a common infeotion fi hti i|| was demand fur the same VA discount rate to be made raised overnight from $13.50 to $750--naadye 5000% available to o-her states, the federal government, end increase. ~ The average ua/cost ofwidely-used likely private [health plan] entities, aa well. /N8HGRTD77 xpeda/tyoh�n /ses�nabedat�S3'DD0—�reatorthan �0ULDBEAPR/C/y�� D/�A37ERFDRTHEBVT7RE {lS, the nation's median household income ($52,000) and DRUG INDUSTRY"" almost I/2 times !larger than average annual Social But ^prioingdisaster" for drug 8companies would equal Security benefits of $l5,0OD. a One cancer drug costs p,ice re|ieffor ha�d pre�sed conuume,s. $300\000 a.vear. Prop, 61 is strongly supported by the 86,000 member The drug companies put profits over peq�e' returns California NursesAssociation he largest healthcare- for ytockho|ders uver cures for patients. VVhatGu«d are provider organization in the state; AARP, the largest miraculous, life-saving medications, if priced au retirees' 8,uup in California, with 33 million members; high patients can't afford them--and thousands are dying the Urban League; thaCampai~ fora Hea!thyCa|ifomia, as a result? including many labor unions; Progressive Democrats Proposition 61, The California Dru8 Price Relief Act, of America; Sen. Bernie Sanders/ former U.S. Labor MQhts back a i st the druo companies' price-goilging. Secretary Robert Reich; and many others. And u /uexpected to save- lives. Here's how it would work: 'JOIN US IN FIGHTING AGAINST HIGH DRUG The Act would require the State of Ca||fo | o i PRICES AND DRUG COMPANY �REED, 0E YES with druQcompaneyfor prices that one no more than �he ON PROPOSITION 6l� For more infurmation, Qoto amuunts paid for the same drugs by the U.S. Dept. of w��SbopPhanna Greed.oon/. Veterans Affairs (DVA). Why tile Dept Ve terans nsAffa ZEMB Affairs? Because unlike ' Co--President the DVA negotiates for drug prices, and pays California�OR�E�' RN, NursesAsyociat|un/Nationa| Nurses Organizing on average 20-24% less for medications than other Committee government agencies, up to 40% less than rAedicane NANCY K8cPHER8ON, State Director Par- D. The Drug Price Re|ifeAct empowers the State AARP California of California, as the healthcare buyer millions of SENATOR ART TORRES (Ret.), Chair Californians, to negotiate the same oreven better deals for California Democratic Party (1.9 )6-2009) taxpuye/s, which could save billions in healthcare costs. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REBUTTAL TO ARGUMENT |N FAVOR OF PROPOSITION 61 * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Leadin8experts have rejected pro ponentu' claim that Prop. an organization that brings in $I billion annually selling 61 would somehow reduce dn�g�ices. in fact, EXPERTS prescription drugs and operating HMOs. His group is WARN PROP 61 WILL INCREASE DRUG PRICES. spending millions tofund the campaign. But he exempted The Cahfonn/a Medioe/Aysoc/at-hon, the ytate'o foremost his own organization from its drug pricing provisions. He medical organization ,epresenting 41,000 docturs, says: shouldn't ask Californians to approve u flawed initiative he ~1/1.6h8e Cahih:nn/a's physicians ' isn't willing to comply with himself. about th �nmab� f ' drugs,~ bed Prop. 61 is OPPOSED BY MORE THAN IOO CALIFORNIA bh/s/neeyunaandha' ' cd nu d� is ' /y�awed ORGAN!ZAT!ONS, including: and unworkable. We believe the rneasuree id hike * Vietnam VeteransofAmerioa, California State Counoi| incase--not lower—state p�sor¢��on da&acusty.'' m California � w Taxpayera Association w Veterans of Fur ei8n Wars (VFW , Dent. o California * California NAACPThe h ' ' independent } ~ An �stsaProp� 61 ^omubxe/se (sto�) American Congress of Obstetricians and Gynecologists spending onp/eocx�oon drugs." (AC0Q) District IX/CA = California Medical Association TheCy��miy Prup, Gl prop. 6I is deeply flawed and costly. Vote NO. because it would |mpose new bureaucracy and red tapu, and � � /n� No�n��6I�co cause countless |awsuits--COGT|NGTAXPAYERS MILLIONS. STEVEMACKEY, President The Veterans ofForeign Wars(NrNV Department of V|etnam Veterans CaliforniaState/ ' California urges NO on 51 because .tcou|djeupand|ze --� --- 'America, — — — --- Council — LL|AM8' REMAK. Chairman special diuc--'—� — to the U.S.U�S� De,—�--r� of Veterans California Hepatitis C Task Force Affairs and INCREASE DRUG P'R|CES FOR VETERANS. AUOE A. HUFFKAAN President YVho'abehindthismeouure? ' California NAACP Pmp. 61 was written by K8|ohaa| Weinstein, president of STATE PRESCRIPTION DRUG PURCHASES. PR|C!NG STAND ARDS. PR»POsm»w AM INITIATIVE STATUTE ARGUMENTAGAINST PROPOSITION 61--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Proposition 6 . is a deeply flawed and costly scheme that that would. interfere with patient access to needed medicines. is not what it seems. Leading health groups Oppose Prop. 61, including: Prop, 5l was written and is being pro-noted by Michael ° ��/n/a �Ned�a/Axsoc/3�mn w American Cc f Weinstein, the uontroversia| president of an organization Obstetricians and C)--D/sbictix7(A that bnol4ght in more than $I bi||iun selling prescription » Ovarian, Cancer Coalitionof Greater California drugs and HMO policies. Suspioioua|y, he exempted his PROP GI WOULD LIKELY INCREASE STATE uwn HMO from having oump|ywith the measure h� PRESCRIPTION DRUG COSTS wrote and is promoting. Prop. 61 wou|d result in the elimination of drug discounts e The Veterans ufforeig �n ars, Dep artment the state currently receives--inoreusinQ state prescriptionwa,ns Prop. 51. would harm veterans. * The California costs by tens of mi||ions annua!|y. The atate'a nonpartisan Medical Association, repreuentin84I'000 doctors, warns Legislative Analyst says the measure could raise state Prop, 51 would reduce patient access tomedicines. aThe spending on many prescription drugs. C3. 0/h/n/3. Association Prop. 6l would'-'�-�--'--- INCREASED BUREAUCRACY, RED TAPE AND HIGHER impose new bureaucracy, red tape lawsuits- coytinQ TAXPAYER COSTS taxpayersmi||iuns. PROP. 61 DOES NDTAPPLY TO 88% OF CAL|FORN!ANS. he California Taxpayers Association opposes Prop. Gl. The measure is completely on how it would be BUT |T NEGATIVELY IMPACTS ALLCAL|FORN|AN8 implemented. Passage dthis measure would result in more The proposition on!y covers an arbitrary group of patients government huneaucracy, red tape and lawsuits asstate. in certain state government pnograms, including some a8encieastruF_8 �- |e to implement icosting taxpayers millions. government employees and state prisoners. More than PROMOTER WROTE IN SPECIAL PROVISIONS FOR HIS 88�� uf Californians are excluded. More lO mii||on OWN ORGANIZATION K8edi Co| |ow'inuome patients. 20 million an with private health insurance and Medicare, and millions �he proponent exempted -..is billion do||oroperation and wo�e of others—ALL fXCLUD£D. in provisions giving him aupecia| right to engage in |awuuitu PROP. 61 COULD INCREASE PRESCRIPTION DRUG regarding this measuny. Th|s provision recluinysCa||fomia COSTS FOR VETERANS taxpayers to pay his |awyeru--a virtual blank check. The US Department of Veterans Affairs receives special Proposition Gl is yet anotherexamp|e of a misleading and discounts on prescription drugs or veterans, This costly ballot measure. It would hurt veterans; jeopardize patient access to needed medicines; increase state measure could result in eliminating these discounts and. increasing prescription drug phcesfor veterans. That's prescription costs; and add more bureaucrauy, red tape why the measure is opposed by more 'than and !awsuitu--couting Taxpayers millions. han a dozen . veteran groups, ino!uding: JOIN VETERANS, DOCTORS, PATIENT ADVOCATES, � * Veterans ofWars, n�, Foreign �b , DepaentofCa�fbnn/ TAXPAYER GROUPS� NO on 6l a . • Vietnam Veterans ufA/nenca, California 8tsby Council, w«v�Nopn��6I.co/n •American Legion, DeparbnentofCafi/bnn/a DALE SK�lTH, Commander mA��VET3, Department ofC3��nn/3 Veterans of Foreign Wars, Department of California DOCTORS AND PATIENT ADVOCATES SAY PROP GI RANDY KOUNOZ. Vice Chair, Latino Diabetes Association WOULD D!SRUPT ACCESS TO NEEDED MEDICINES QA|LNlCKERSON President �mp. 6I Would result |na new bueauoratiopnorappmva| pmoeay Ca|ifornia Association of Rural! Health Clinics * REBUTTAL TO ARGUMENT AGAINST PROPOSITION 61 * --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The drug companies want you to believe they're opposing Drug companies are aiso Unpatriotically threatening to raise Prop. 61 because i- wou!dn't cove, every drug purchase d�� phoesforveteram� BUT THAT'S ANOTHER EK8PTY in Ca|ifurnia. That's as |auQhab|e as the NRAsayin8 it �HRE�� Federal law REQUIRES di�counts for the ��pt� opposes an assau|t-weapons ban because it doesn't cover uf Veterans Affairs, drug companies aren't selling reduced enou8h different kinds of guns. price drugs tu veterans out of the goodness of their hearty. THE DRUG C01VIPAN|E3 ARE ONLY CONCERNED Support Prop. GI along with: ABOUT MAINTAINING THEIR EXORBITANT PRICES AND = California Nurses Association = AARP California » The PROFITS, PURE AND SIMPLE! Urban League * A|DS Healthcare Foundation wVoteVets Don't be fooled by their expected $lOO-million campaign of Action Fund * Association of Asian Pacific Community distortion and mistrutha. Voting against 61 unIN allows the Health Organizations = Progressive Demuorato of America drug companies to continue ripping off you and your family. ONLY PROPOSITION 61 ALLOWS ORDINARY CITIZENS Despite what they're telling voters, there's a reason the No FIGHT BACK AGAINST DRUG COMPANY POWER on Prop. 51 campui8n is FUNDED ALMOST ENTIRELY AND GREED. w/ww.SbopPhunnaCneed.co/n, DYOUT-OF-ST/��E DRUG COMPANIES. Here'yvvhat OTTOO YANG KS D Scientific Director druQmakery are telling u Q themselves, in publications like ' ' � �' Phannace �ca/ £)ecutiwy/ AIDS Healthcare Foundation 'It� f /aarbha�/ffh/sCo��/n/� /hh CAPTAIN SHAWN TERR|S (Ret.). Chair - ~ - - -'~--� Ca!i�ornia Demoora�io Party Veterans Caucus passes, ALL HELL �AY BREAK LOOSE FOR THEA/NG9/CAyV P9AR8IALEDTICAL /NDUS TRY � , . /twmu/d shake the NOLA0 \iROLL|N8, President mfteL,;of every sin)g/e pt,,,blic statedrug poo'gram/n the nation, Loy Angeles Urban League/Ca|ifornia Association of aswe//as the hedw� Med icaid Me dicare Urban Leagues Amwff"a»upinmd ov this«aga are the��ioftxof hvva not beer,rhvd*d for accuracy kyaqvffiria/vgptiq, A,Gurnent5 | 77 PROPOSMON DEATH PENALTY. Affft INITIATIVE STATUTE. Woe! OFFICIAL TITLE AND SUMMARY PREPARED BY T4E ATTORNEY GENERA' • Repeals death penalty as maximum Increases portion of life inmates' wages that punishment for persons -found guilty r iay be applied to victim restitution of murder and replaces it with life imprisonment without possibility of parole. i SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF • Applies retroactively to persons already NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT- sentenced to death. Net ongoing reduction in state and county • costs related to murder trials, legal States that persons found guilty of murder challenges to death sentences, and prisons and sentenced to life without possibility of around $150 million annually within a of parole must work while in prison as few years. This estimate could be higher prescribed by the Department of Corrections or 'lower by tens of millions of dollars, and Rehabilitation. depending on various factors. ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND circumstance is prover., the second phase involves determining whether the death Murder Punishable by Death penalty or life without the possibility of First degree murder is generally defined as the parole should be 'imposed. These murder unlawful killing of a human being that (1) is trials result in costs to the state trial courts. deliberate and premeditated or (2) takes U-el k" place In addition, counties incur costs for the while certain other crimes are committed, prosecution of these individuals as well as such as kidnapping. It is punishable by a life the defense of individuals who cannot afford sentence in state prison with the possibility legal representation. Since the current death L of being released by the state parole board penalty law was enacted in California in after a minimum of 25 years. However, 1.978, 930 :individuals have received a death current state law makes first degree murder sentence. In recent years, an average of about punishable by death or life imprisonment 20individuals annually have received death without the possibility of parole when "special sentences. circurnstances" of the crime have been Legal Challenges to Death Sentences. U n d e r charged and proven in court. Existing state law current state law, death Penalty verdicts identifies a number of special circumstances i that Can be charged, such as in cases when are automatically appealed to the Cahfornia the murder was carried out for financial gain or Supreme Court. In these "direct appeals," the defendants' attorneys argue that violations when more than one murder was committed. of state law or federal constitutional law took ,place during the trial, such as evidence Death Penalty Proceedings I improperly being included or excluded from Death Penalty Trials Can Consist of Two Phases. the trial. If the California Supreme Court The first phase of a murder trial where the confirms the conviction and death sentence, prosecutor seeks a death sentence involves the defendant can ask the U.S. Supreme determining whether the defendant is guilty Court to review the decision. In addition to of murder and any special circumstances. If direct appeals, death penalty cases ordinarily the defendant is found guilty and a special involve extensive legal challenges in both 78 Tille and Summary Analysis DEATH PENA[jy. PROPOSITION INITIATIVE STATUTE. 2 ANALYSIS BY THE LEGISLATIVE ANALYST U,a N T I N U E.3 state and federal courts. These challenges, generally are handcuffed and escorted at all Which are commonly referred to as "habeas times by one or two officers while outside corpus" petitions, 'involve factors of the case their cells. In addition, unlike most offenders, that are different fror 1 those considered in condemned inmates are currently required to direct appeals (such as the claim that the be placed in separate cells. defendant's attorney was ineffective). All of Executions Currently Halted by Courts. The state these legal challenges—measured from when the individual receives a death sentence to uses lethal injection to execute condemned when the individual has completed all state inmates. Because of legal issues surrounding and federal legal challenge proceedings— the state's lethal in.lect-ion procedures, can take a coup!.e of decades to con.iplete in executions have not taken place since 2006. The state is currently in the process of California. developing procedures to allow for executions The state currently spends about $55 million to resume. annually on the legal challenges that follow death sentences. This funding supports the PROPOSAL i California Supreme Court as well as attorneys Elimination of Death Penalty for First Degree employed by the state Department of Justice Murder Under this measure. no offender who seek to uphold death sentences while could be sentenced to deatl'i by the state for cases are being challenged in the Courts.4 first degree murder. Instead, the most serious In addition, it also supports various state penalty available would be a prison term of agencies that are tasked with providing i 'i i i . life without the possibility of being released representation to 'individuals who have received by the state parole board. (There is another a sentence of death but cannot afford legal measure on this ballot—Proposition CC—that representation. would maintain the death penalty but seeks to Im shorten the time that the legal challenges to plementation of the Death Penalty death sentences take.) Housing of Condemned Inmates. As of A p r i I Resentencing of Inmates With Death Sentences 2016, of the 930 individuals who received a death sentence since 1978, 15 have been to Life Without the Possibility of Parole. T_he executed. 103 have died prior to being measure also specifies that offenders currently executed, 6 have had their sentences sentenced to death WOU ld not be executed 4 and instead would be resentenced to a prison reduced by the courts, and 74-8 are in state prison with death sentences. The vast ma term of life without the possibility of parole. iority I of the 748 condemned inmates are at various This measure also allows the California Supreme Court to transfer all of its existing stages of the direct appeal or habeas corpus etition process. Condemned male inmates death penalty direct appeals and habeas p generally are required to be housed at San corpus petitions to the state's Courts of Appeal Quentin State Prison (on death row), while or trial courts. These Courts would resolve condemned female inmates are housed at any rernaining issues unrelated to the death the Central California `'omen's Facility in sentence------such as claims of innocence. Chowchilla. The state currently has various Inmate Work and Payments to Crime Victim security regulations and procedures that result Requirements. Current state law generally n increased security costs for these inmates. requires that inmates—including murderers— For example, inmates Linder a death sentence work while they are in prison. State prison For the?ful!t6?XI of Proposition 62, sec page 156. Title and SUHT-nary i Analysis 1 79 DEATH PENALTY. aft bZINITIATIVE STNFUTE. ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED regulations allow for some exceptions to these to remove potential jurors who are unwilling L work requirements, Such as for inmates who to impose the death penalty. Second, the pose too great a security risk to participate elimination of the death penalty woul0"I reduce in work programs. In addition, inmates may the costs incurred by counties for prosecutors be required by the courts payments to make and public defenders for some murder cases. L L i to victims of crime. This measure specifies This is because these agencies generally that every person found. guilty Of Murder must use more attorneys in cases where a death ZD work while in state prison and have their pay sentence is sought and incur greater expenses deducted for any debts they owe to victims of related to investigations and other preparations crime, subject to state regulations. Because for the sentencing phase in such cases. the measure does not change state regulations, County Jails. County jail costs could also be existing prison practices related to inmate reduced because of the measure's effect on work requirements would not necessarily be murder trials. Persons held for trial on murder changed. In addition, the measure increases charges, particularly cases that could result from 50 percent to 60 percent the maximum amount that may be deducted from the in a death sentience, ordinarily remain in wages of inmates sentenced to life without county jail until the completion of their trial and. sentencing. As some murder cases are the Possibility of parole for any debts owed shortened due to the elimination of the death to victims of crime. This provision would also penalty, persons convicted of murder would be apply to individuals who are resentenced tinder - the measure from death to life without the sent to state prison earlier than they otherwise would be. Such an outcome would reduce possibility of parole. county jail costs and increase state prison FISCAL EFFECTS casts. Summary of Impacts Related to Murder Trials. I n The measure would have a number of fiscal total, the measure could reduce annual state effects on the state and local governments. and county costs for murder trials by several The major fiscal effects of the measure are tens of millions of dollars on a statewide basis. discussed below. The actual reduction would depend on various factors, including the nurnber of death penalty Murder Trials trials that would otherwise have occurred in Court Proceeditigs. This measure would reduce the absence of the measure. In addition, the state and county costs associated with some amount of this reduction could be partially murder cases that would otherwise have been offset to the extent that the elimination of eligible for the death penalty under Current the death penalty reduced the incentive for law. These cases would typically be less offenders to plead guilty in exchange for a expensive if the death penalty was no longer lesser sentence in some murder cases. If an option, for two primary reasons. First, the additional cases went to -trial instead of bein- dauration of sorne trials would be shortenek-j. resolved through plea agreements, the state This is because there would no longer be a and counties would experience additional costs separate phase to determine whether the death for support of courts, prosecution, and defense penalty is imposed.. Other aspects of murder attorneys, as well as county jails. The extent trials could also be shortened.. For example, to which this would occur is unknown. In mos- 1-1 1 L jury selection time for some trials could be cases, the state and counties would likely i available ling from the reduced as it would no longer be necessary redirect avai'ab'e resources result! 80 Til le and Summary/Analysis DEATH PENA[jy. PROPOSITION INITIATIVE STATUTE. 2 ANALYSIS BY THE LEGISLATIVE ANALYST a N T I N U E.3 above cost reductions to other court and law operation of the state's prison system in the enforcement activities. low tens of millions of dollars annually. These savings, however, could be higher or 'lower Legal Challenges to Death Sentences depending on the rate of executions that would Over time, the measure would redUce state have otherwise Occurred. expenditures by the California Supreme Court and the state agencies participating in the Other Fiscal Effects legal challenges to death sentences. These Prison Construction. The measure could also reduced costs would reach about $55 rnillion affect future prison construction costs by annually. However, these reduced costs allowing the state to avoid future -facility costs likely would be partially offset in the short associated with housing an increasing number run because sore state expenditures would of death row inmates. The extent of any such probably continue until the courts resolved savings would depend on the future growth in all cases for inmates who previously received the condemned inmate population, how the death sentences. In the long run, there would state chose to house condemned inmates in be relatively minor state and local costs— the future, and the future growth in the general possibly totaling a Couple million dollars prison population. annually—for hearing appeals from additional Effect on Murder Rate. To the extent that the offenders receiving sentences of 'life without prohibition on the use of the death penalty the possibility of parole. has an effect on the incidence Of MUrder in State Prisons California, the measure could affect state and local government cr:r iinal justice expenditures. The elimination of the death penalty would The resulting -fiscal impact, if any, is unknown affect state prison costs in different ways. and cannot be estimated. On the one hand, its elffnination would result in a somewhat higher prison population and Summary of Fiscal Impacts higher costs as formerly condemned inmates i In total, we estimate that this measure would are sentenced to life without the possibility of reduce net state and county costs related parole. Given the length of time that inmates to murder trials, legal challenges to death Currently spend on death row, these costs sentences, and prisons. These reduced costs would likely not be significant.L On the other would likely be around $150 million annually hand, these added costs likely Would be within a fe more than offset by reduced costs from not few years. This reduction in costs could be higher or 'lower by tens of millions of housing hundreds of inmates on death row. dollars, depending on various factors. As previously discussed, it is generally more expensive to house an inmate under a death Visit http://Www.sos.ca.govinieastire-coittributions sentence than an inmate subject to life without for a list of committees primarily formed to support the possibility of parole, due to the higher i or oppose this measure.Visit http://Www.fppc.ca.govl security measures used to house and supervise transparencyltep-contributorslnov-16-gen-v2.hW inirnates sentenced to death. to access the committee's top 10 contributors. The combined effect of these fiscal impacts would likely result in net state savings for the For the?ful!t6?XI of Proposition 62, sec page 156. Title and SUHT-nary i Analysis 81 muPOSmuw DEATH PENALTY. bZ |N|TIATVESTAJUTE. ARGUMENT |N FAVOR OF PROPOSITION 62--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ca|ifurnia's death penalty system has failed, Taxpayers DEATH PENIALTf8YS`ENI FLAWS RUN DEEP have spent more than 115 billion since 1.978to carry out. 'California has riot executed anyone in lO ;ears because l 3 executions--a cost of �3O4 million per execution. of serious prob|emy. For neany4O years,'every attempted The death penalty is an empty promise tovictims' fix has *ailed to make the death penalty system work. It's families arid carries the unavoidable risk of executing an simply unworkable. innocent person. ^i prosecuted killers usinQCa|ifum|a's death penalty YES ON 62 REPLACES THIS COSTLY, FAILED SYSTEM law, but the high uoyty, endless delays and total! WITH A STRICT L|FE8ENITENCE AND ZERO CHANCE ineffectiveness indeterrin i convinced meweneed OF FAROLE to replace the death penaltyyystem with life in prison Under Prop. 62, the death penalty will be replaced with a without parole........Jo/n Van 6e Kamp, former Los Angeles strict ;life sentence. Those oonvictedof the worst onmes District Attorney and 6onerCalifornia AtbonreyGeneei will! NEVER be r�|eased� |nytead of b�inQ huused in �HE RISK DF EXECUTING AN INNOCENT PERSON IS REAL expansive private ue||yon death row, murderers will be DNA tech no|o8yand nevvevidence have ' n the kept with other maximum-security inmates. innocence of more than 150 people on death row after WORK AND RESTITUTION they were sentenced todeath. In California, 55 people Criminals who wou|d otherwise sit on death row and in had their murder convio-ionsoverturned because new courtrooms during the decades-|on8 appeals guaranteed evidence showed they were innocent. by the Constitution, will instead have to work and pay Carlos DeLuna was executed in 1989. but an independent restitution to their victims' families. investigation later proved his innocence. Executing on REAL CLOSURE FOR VICTIMS' FAMILIES innocent person is a mistake that can never be undone. "Ca|ifornia'udeath penalty system is long, agonizing FORMER DEATH PENALTY ADVOCATES: YES ON 52 ordeal for our fami!y As my sister's killer sits through ''| led the campaign to bring the death penalty back to countless Ueanngu' we Continually relive this tragedy. California in I978. |t was a costly mistake. Now | know The death penalty is an empty promiye of justice. A life we Just hurt the victims' families we were trying to help sentence without parole wou!d b,inQrea| closure.........Beth and wasted taxpayer dollars. The death penalty cannot be Webb, whose sister was nnuodened with seven other people fixed, We need to replace it, lock up murderers good, /na mass-shooting afun Orange Countyhanysalon. make them work, and move on.''--Run8 the HUGE COST SAVINGS CONFIRMED BY IMPARTIAL calr!paCalifornia'sn /o cnea/eCalifornia'sdeath penalty system. ANALYSIS ww�YeyOn6Icunn The state's independent Le8is|ativeAna|yst confirmed ]EANNEVVDO0FORD Forme/ Death Row Warder-, Prop, 52 will save $I5O million per year. Adeath ' row sentence costs I8times more than life in prison, DONAL0 HELLER' Author ofCalifornia's Death Penalty Law Resources can be better spent on eduoation, pub|ic 0ETHVVE0B, Sister ofVictim Murdered in 2OlI safety, and crime prevention that actually works. REBUTTAL TO ARGUMENT |N FAVOR OF PROPOSITION 62 California's death penalty HASN'T failed: it was who RAPED/TORTUREDv|o�ims, a CHILD KILLERS. /nbyntione8ysabotaged. TERRORISTS. Key supporters of Proposition 62-----like the ACLU haveAsk the proponenta of Proposition 62: if a murderer spent decades underm|n|n0the death penalty; nowthay sentenced to ''LifeVVithout Paro|a" escapes and murders argue for repeal. again, or kills a prison guard, what sentence will they give For the sake ofvictims, DON'T LET THEM WIN! him? Another life without Parole? We a!| agree that th death penalty in California isn't The proponantof Prop. 62--an actor--wantsyou to vvorhing-The so|ution is to MEND, NOT END, the death be|i*vethe movie script. But let's be c|ear, there are no penalty. Ca!ifomio'ufront|ine prosecutors and almost all innocents on California's death row. They cite one case our 58 elected Distrio- Attorneys have a plan to fix it. from Texas from 11989. Still under dispute. California has never executed an innocent and neverwi|| START|N� YV�THVOT�N� NOON PROPOSITION 52! ' . Join victim�' fami|iea and |ow enforuement and VOTE NO Theayu-em is expensive because BRUTAL KILLERS file endless, frivolous appeals, spending decades on death 0NPR0R62! row. Prop. 62 backers want you to believe that granting w/wxv.Nopnop62yesPyop66.conn, these thugs lifetime hea|thcare, housing, meals, and MlCHELEHAN|SEE. President privi|eges will save money/ WHO ARE THEY FOOLING? Association of Deputy District Attorneys of Los Angeles County They say we don't need a death Penalty. Really? MARC KLAAS. Father of 12-yoar-o!d Murder Victim There's about 2,000 murders in California annually. Polly K|aau Approximately I5--thewo/st of the worst—receive u death LAREM LE|CHLlTER. President sentence. Who are they? San Bernardino County Deputy Sheriffs Association * MASS MURDERERS/SERIAL KILLERS. wK8urderers 82 1 Arguments Aogtisegfspxvado»III isvggoqrp!he opif�ioo;/xhosuth*s,arid have Pat`Ve � �� cA � w o�� omory/y any officia/agoq' DEATH PEN ALTY PRnnommw |N|TIAOVESDATUTE. Cn 04 ARGUMENTAGAINST PROPOSITION 62--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Join us in VOTING NO on PROPOSITION 62! If Proposition 62 doesn't protect victims and doesn't Let's be clear what P,uposition 62 does. protect taxpayers, just who does Proposition 62 protect? Proposition 62 says the worst of the worst murderers get Prop, 62 protects Charles Ng, a brutal serial killer who to stay a|ive, at the taxpayers' expense, decades after kidnapped families, tortured/killed children in front of committing their horrible crimes, and mocking the pain of their parents, killed the father, and then repeatedly raped their victims' fami!ieu. the muther before killing her. The death penalty is reserved for only the worst muvderory Ng committed his crimes ove, 3O years ago delayed his like child ki||ers, rape�o,ture murderers, serial mu,denero' trial for nearly 15 years wn n n appeals, and and cop ki||ers. Just I-2% of about 2,000 murders in tried, convicted, and sentenced to death almost 20 years California annually end up with u death sentence. aQo, He's still on death row, h||nQ appeals todelay his Propositiun 62 says these most heinuusonmesyhou|d pun|shment' |onQafter his victims were silenced forever. have no higher level of punishment. We disagree. For the Who else dues Proposition 62 protect? very worst crimina|s, there needs to be a death penalty. Richard Allen Davis, who kidnapped, raped, and tortured We all know California's death penaltysystem is broker.., l2�eapo|d Polly K|aas. Death row inmates are now ub|etofile one frivolous Serial killer Robert Rhoads, who kidnapped, raped, and appeal after another, denying justice. tortured 8-year-old K4|ohae| Lyons before- stabbing him Theanywer is to MEND, NOT END Ca|i|urnia'ydeath 70 times. penalty laws. And hundreds more |ikethem, Prosecutors, law enforcement, and the families of (California's death row inmates ino|udetha ki||eraof: Murder victims OPPOSE PROPOSITION 62 because it = Over I'000 MURDER VICTIMS. = 226 CHILDREN. jeopardizes public safety, denies justice and closure to a 43 PEACE OFFICERS. ° 2Q4 victims who were RAPED victims' families, and rewards the most horrible killers. or TORTURED before being killed. The backers of Proposition 62 want you to be|ieveey TheAmeri�an Civi| Liberheu Union su orta repea!in8 are pmteut|n0wron8!y'oonvioted death row prisoners from the death penalty; the very same people- who file all the being executed. frivolous appeals that have bogged down' the system. Now But in a rneeting with the San F-rancisco Chnun/ole, they are using the pnzblemathey created to argue the Governor Jerry Brown, ''a former Attorney General, said death penalty should be ropea!od. there are no innocent inmates on California's death row," DON'T BE FOOLED. join us and VOTE NO on (2/7/I2) PROPOSITION 52! The backers of Pruposition 62 say it will save taxpayers Visit w«*m/Nop«op62yeuProp66.conofur more information. money. WHO ARE THEYFOOLING? Under Prop. 52, taxpayers are un the hook tofeed, clothe. KA|NERANNO5' District Attorney ofSari Bernardino County house, guard, and provide healthcare to brutal killers until MARC NLAAS. Father of 12-yaar-o|d Murder Victim �hey die of old age. Even give them o heart transplant! Polly K|aos That's why MikoGenout. furme, Ca|ifomia Finance MlKEOURANT, President Director, says, ''Prop. 62 will cost over $1,00 million." Peace Officers Research Association ufCa|ifornia REBUTTALTO ARGUMENT AGAINST PROPOSITION 62--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- YES ON 62 REQUIRES A STRICT LIFE SENTENCE-- Opponents of Prop. 62 admit the death penalty system WHY KEEP PAYING FOR A C0STLY, FAILED DEATH is broken. In faot, the death penalty advocates who PENALTY SYSTEM? created this system now admit it has failed, despite many Prop, 62 locks upthewuryt murderers for life arid ends attempts tufix it. Since 1978, taxpayers have spent $5 the huGecostufdeath row. These murderers will never billion on the d�ath penalty, yet overth� iastten years be paroled or set free. 'They will have to work and pay there hasn't been a sinQ|e execut|on. restitution to the families of their victims. The long and costly appeals process is mandated by the Most of those sentenced to death aireadyend up �,onstitution so an innocent person isn't wrongly executed. | o spending life in prison beoauye99% ufdeath � be changed. Vote YES on Prop. 62tosave are never carried out. Yet it costs I8times more to house hundreds of millions of dollars and keep Vicious killers them on death row and pay for their attorneys than a locked up, working and paying restitution to the- families strict life sentence Without parole. of-heirviotimy. YES ON 62 SAVES $150 MILLION AYEAR 0OBYN 8AR8OUR, Grandmother was Murdered in 1994 Theatata'u nonpartisan fiscal adviao�—the Legislative JOHN DONOHUE, Ph.D., Profesyorof Economics and Law Analyst-----confirms Prop. 62 will save taxpayers Stanford Law School $1,50 million every year. Read -he analysis for yourself in RUN BR!QQS, Lad Campaign to Bring the Death Penalty 1his Voter Guide. Back in 1978 38 YEARS OFFAILURE Amwrr"a»upinmd ov this«aga are the��ioitx and have not beer,rhvd*d for accuracy kyaqvfficia/vgpnq, A,Gu rnent5 1 83 PR0P00ON �N��U�� U�U�� FIREARMS. r^mmmm��nmo�� . IN N�N�N��N�� m�mnmmnnmm� �nmnn�n�. OFFICIAL TITLE AND SUMMARY pxEp«nen BY ms mmxwm uswmm w Requires individuals to pass background -heck National instant Criminal Background Check and obtain Department of Justice authnrization System. to purchase ammunition. SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OFNET * Prohibits possession of large-capacity ammunition magazinns, arid requires their STATE AND LOCAL GOVERNMENT FISCAL IMPACT. disposal, as specified, a Increased state and local court and |avv * Requires most ammunition sales be made enforcement costs, potentially in the tens through licensed ammunition vandorsond of millions nf dollars annually, related to a reported to Department of Justice. new court, process for removing firearms from prohibited persons after they are convicted. • Requires lost or stolen firearms and ammunition be reported to !ovvenforcement. w Potential increase in state costs, not |ike|yto w Prohibits peroo exceed the millions of dollars annua||8 related to n s convicted of stealing regu|ating ammunition sales. These costs would from possessing firearms. � likely be offset by fee revenues. • Estob|ishes new procedures for enforcing laws * Potential net increase in state and local prohibiting firearm possession. correctional costs, not |ike|yto exceed the low * Requires Department of Justice to provide millions of dollars annually, related to changes in information about prohibited persons to federal firearm and ammunition penalties. ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND Check System (N!C3). The N|CS searches a number offederal databases to ensure Restrictions on Firearm and that the buyer is not prohibited person. As A00UDitiOU Possession allowed by federal law, California processes Underfedera| and state law, certain backoroundcheck requests from firearm ain individuals - dealers int he state directly by using N|CS are not allowed to have firearms. These "prohibited and various state databases. persono" include individuals (l) convicted of � Removal of Firearms From Prohibited Persons. felonies and some misdemeanors (such as assault or battery), (2) found by a Court to be a danger The California Oepa�mentof �ustice (OO�) m to themselves or others due to mental illness, ointoinsa database of individuals who have and (3) with a restraining order against them. in legally bought or registered a firearm with California, individuals who are riot allowed to have the state. DOJ age-its use this information to firearms are also not allowed to have ammunition. remove firearms from :individuals who are no longer allowed to have firearms. Regulation of Firearm Sales * Other Regulations. Other state regulations Both federal and state law include various related to firearms 'include: |imitson the type regulations related tofirearm sa|es, including the of firearms thatcan be bought, oton'day licensing of firearm dealers. Such regulations waiting period before � dea|er may 8ive a inc!ude: firearm to o buyer, and requirements for recording and rmportin� firmarm sales. = Bao6om�undC0eok� Underfederal law, firearm . dealers must request background checks Fees charged tofirearm dealers and buyers of individuals seeking to buy firearms from generally offset the atote's costs to regulate firearm the National Instant Criminal Background sa!es. 84 1 nt|o and avmms,y/Analysis FIREARMS.AMMUN00NSALES. munamuw Alft |N[flAJ|VES'KJUTE. bJ ANALYSIS BY THE LEGISLATIVE ANALYST ouwnmom Regulation Of A000UOifiOO Sales transaction to support its administrative and Prior tn -this year, the state did not regulate enforuementousts. DOJ could adjust this fee ammunition sa|es in the same manner asfirearms, cap annually for inflation. In July 2016. the state enacted legislation to Other BeQinninQJanuary 2018, increosethe regulation of ammunition sales. Such state !law generally will require that most regulations include: ammunition sales (including Internet and out.- Licenses BeQinningJanuory of-state so|os) take place through a licensed � 2OI8 ammunition deo|er� |n addition, beginning individuals and businesses be ' July 2019, most California residents will be required -to � one-year license DOJ prohibited from bring|n8ommunition into to sell; ammunition Ce�oin individuo|sand the state without first having the ammunition businesses would not be required to obtain m delivered tna licensed ammunition dealer. license, such hunters Failure to comp|yvv|th these requirements is o than 50 rounds ofammunition per month to misdemeanor. another licensed hunter while on o hunting trip. In order to obtain a license, ammunition Status Of Recent Legislation dealers will need to demonstrate that they are not prohibited persons. !n addition, certain As discussed above, the state recently enacted entities will be able to automatically receive legislation to :increase the regulation of ammunition an ammunition license, such as firearm sales. The state also recently enacted legislation dealers licensed by both the state and federal to further limit the ownership of large-capacity government and firearm wholesalers. Avnndor magazines and to create a penalty -for fi|inQa fa|se who fails to comp|yvvith ammunition sale |oat or stolen firearm report to |mv« enforcement. requirements three times would have their These |awovvi|| take effect un|mss they are placed before the votemas referenda 'if voters �mmunitionde�|er's |ioensep�rmanent|y � ' revoked. DOJ could charge a fee to individuals will determine whether the laws take effect. and businesses seeking a license tosell ��N ammunitiontoouppo� its administrative and PROPOSAL ��°� enforcement costs. Proposition 63 (l) changes state regulation of = DO]Approval bo Buy Ammunition. Be8innin0Ju|y ommunitionso|es, (2) creates new court process 201I9. ammunition dealers will be required to ensure the remova| of firearms from prohibited to check with DOJ at the time of Purchase Persons after they are convicted of a fe|ony or that individuals seekin� to buyammunition certain m|sdemeonors, and (3) implements various are not prohibited persons. This requirement other provisions. Additionally, Proposition 63 states wou!d not apply to some individuals, such that the Legislature can change its provisions if itted to carry w the persons perm "consistent weapons. !n addition, ammunition dealers intent" of the measure. Such changes can only will generally be required to collect arid be made if 55 percent ofthe members of each report information--suoh as the dote of the house of the Lmg|s|ature pauses them and the bill is sale, the buyers' identification information, enacted into law. and the type of ammunition purchased--to DOJ forstoro8e in a database for two years. Changes to State RegU|8fiOO of Ammunition Sales Failure to comply with these requirements Proposition 63 includes various rmgu|ations is misdemeanor byof|nemnd/ re|ated tothesa!e of ammunition. Some ofthe or imprisonment in county iai|). DOJ could regulations would replace existing law with similar generally charge an individual seeking to provisions. However, other regulations proposed by purchase ammunition afae of up to $l per Proposition 63 are different, as discussed below. For the?xu//exIo/Propoo/(/u:*a' sec page zas. Title and aumma,y/Axs|y5is 1 85 nmnom -A FIREARMS.AMMUN00NSALES. aft bJ |N|TINDYECTAJUTE. ANALYSIS BY THE LEGISLATIVE ANALYST nuw//moEn Requirements boBuyAmmun/tiooProposition 63 Other Ammunition Requirements. Thio measure inc|udesvarinus reguirementsfor individuals prohibits most California residents from bringing seekinQto buy ammunition and for D0J to regulate ammunition into the state without first havin8the such purchases. Specifically, the measure: ammunition delivered tom !|oensedmmmunition * Requires individua|ctoobtain afnupyear dealer beQinning in January 2Ol8--o year and a permit from DOJ to buy ammunition and for half ear!ierthan undercurrent !avv. Additionally, ammunition dealers to -heck with OOJ that failure to oomp!ywith this requirement Would individuals buying ammunition have Such change from a misdemeanor to an infraction permits. (punishable byo fine) for the first offense and e Requires DOJtu revoke permits from either an infraction or misdemeanor for any individuals who become prohibited. additional offense. The measure also requires DOJ to store certain ammunition sales information in o * A||owu DOJ to charge each person applying database indefinitely, rather than for two years. for a four-year permitafee of up to $50 to support its various administrative and Creates New Court Process for enforcement costs re|atedtoammunition sales. Removal UfFirearms This m�msure creates o new court procossto ensure The state, however, enacted legislation in July 2Ol6 -to rep|oce 'the above provisions with that individuals convicted of offenses -that prohibit them -from owning firearms do not continue tn have alternative ones if Proposition 63 is approved by them Beginning the measure requires the voters, (This legislation was enacted Pursuant � ' oouMsto inform uffenders upon oonviction that to the provision of Proposition 63 allowing for they must (l) turn over their firearms to local |aw changes that are "consistent with and furtherthn intent" of the proposition, as described norearlier.) enforcement, (2) se|| the firearms to a licensed Specihco||& underthe |eQis|otion: (l) ammunition firearm dealer, or (3) give the firearms to a licensed dealers would be required to check with QCU that firearm dealer for storage. The measure also re4uirnscou individuals seeking to buy ammunition are riot �sto assign probation officers to report onwhatoffendersh�vedonewiththeirfirearms If prohibited personsotthetimeof purchaseand (2) DOJ could generally charge such individuals up the couri finds that there is probable cause that an to $I per transaction. These provisions are similar offender still has firearms, it must order that -the to current law. Fewer individuals, hnwever, would firearms be removed. Finally, local governments be exempt from this check than under current nr state agencies could charge a fee to reimburse |avx For example, individuals permitted to carry them force�ain costs in implementing the concealed weapons would be sub|ectto this check. measure (such as those related tothe removal or storage of firearms). Sell Licenses bz�� Amuo/doo Si vv mi|�r to current |a , Proposition 63 requires individua|sand businesses Implements Other Provisions to obtain a one-year license -from OOJ to sell ammunition. However, the measure changes the Reporting Requirements. The measure includes types of individuals and businesses that would a number of reporting requirements related to be exempt from obta|nin8a license. For example, firearms and ammunition. For example, the the measure generally exempts individuals and measure requires that ammunition dealers report businesses that sell m small number of rounds of the loss or theft of ammunition within 48 hours. ammunition from the requirement togel o license. !ta|sn requires that most individuals report the The measure also makes various changes in the loss or theft offiremrmsvv|thin five days |000| penalties for fa|!ure tofo||ovvammunition sale law enforcement. An individual who does riot make requirements. For example, it establishes a new such a report within five days would be guilty of criminal penalty-----specifically, a misdemeanor foron infraction for the first two violations. Additional failing tofo|!ovvvendor licensing requirements. vio|�tionsvvou|d be a misdemeanor. This measure 86 | nt|o and avmms,y/Analysis FIREARMS.AMMUN00NSALES. munamuw Alft |NII]AJ|VESIAJUTE. bJ ANALYSIS BY THE LEGISLATIVE ANALYST ouwnmom also reduces the penalty for an individual who workload to determine whether prohibited persons knmwinQ|ysubmits a false report to |nco| law have firearms and whether they have surrendered enforcement from a misdemeanor to on infraction them. In addition, state and local law enforcement and eliminates the prohibition from owning would have new workload related to nemovinQ firearms for ten years for such an individual. This firearms from offenders who fail to surrender measureo|so requires DOJ to submit the name, them as part ofthe new court process, They could date of birth, and physical description of any newly also have :increased costs related to the storage prohibited person to N|CS. or return of firearms. Some of the increased law Large-Capacity Since 2OOD, state |avv enforcement costs related to the removal, storage, - has generally banned individuals from obtaining or return of firearms would be offset to the extent large-capacity magazines (defined as those that local governments and state agencies charge holding more than ten rounds of ammunition). and collect fees for these activities, as allowed by The law, however, allowed individuals who had this measure. The total magnitude of these state and |ocal costs could be in the tens of millions cf large-uapao|tymo8ozines before 2OOOto keep them for -their own use. Beginning July 2O�7, dollars annually. Actual costs would depend on how recently enacted |mvvvvi|| pruhibit most of these thic measure imp|emented� individuals from possessinQthese magazines. Potential Increased State Regulatory Costs. On Individuals who do not comply are guilty of an balance. the measure's changes tothe regulation infraction. However, there are various individuals ofommun|tion sales Could increase state costs. who will boexemptfrom this requirement--such as For example, more individuals or businesses would an individua! who owns afirearm (obtained before |iho|ybesub�ecttostmte �mmunit|on requirements 2000) that can on!y be used with m large-uapaoity under the measure. The aotum| fiscal effect- of magazine. Proposition 63 eliminates several the changes would depend on how they are of these exemptions, as well as increases the imp|emented and how individuals respond to them. maximum peno|tyfur possessing large-capacity We estimate that the potential increase in state magazines. Speuifioo||y, individuals who possess costs would no |ike!y �xoeed the millions of doorst |! such magazines after July 2Ol7 would be guilty of annually. These costs would |iho|y be offset by the an infraction or a misdemeanor various fees authorized by the measure and existing Penalty for T0eftoyFirearms. Un state !law. . law, the penalty for theft of firearms worth $950or Potential Net Increased Correctional Costs. This less is generally a misdemeanor punishable by up measure makms various changes to penalties to one year in county jail. Under -this measure, such related to firearms arid ammunition. VVhi|a some a crime would be a fe|onyand could be punishable changes reduce penalties for certain offenses, other by uptnthrneyears in state prison. Additionally, changes increase penalties for certain offenses, individuals previously convicted of misdemeanor On net, these changes could result in increased for the theft of firearm would be prohibited from correctional costs to state and local governments, owning firnorms for ten years, Currently, there is no such as to house individuals in prison and jail. The such prohibition for o misdemnonor conviction for magnitude of such costs would depend primarily on theft of firearms. the number of violations and how the measure is enforced. The potential net increase in correctional FISCAL EFFECTS costs vvou|d likely not exceed the low millions of dollars annually. �o/�sed�mt�dLaw��/�e��/�. The new court process for removing firearmsfrom Visit s&�ca.g8K4meaS4Oe-cUD&n0WtioVs prohibited persons after they are convicted would for 3 list Df committees primarily formed 1Osupport result in increased workload for the state and local U[oppose this measure.Visit tm»�ca.goK/ governments, For example, state cnurtsond county trD0spa -cDnb1bUbDrslnOu-/6'gen-K2htnj1 probation departments would have some increased tU access the committee's top 1Dcontributors. For the?xu//exlo/Propoo/(/u:*a' sec page zas. nueanxaummi,y/Axs|y5i5 | 87 m»POSm»w FIREARMS.AMMUNITION SALES. 63 |N|TATVESTAJUTE. * ARGUMENT |N FAVOR OF PROPOSITION 63--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- PROPOS/7708/ 63NVLLKBEPUS3AFB98YRE0UCN(3 Californians 8o Own gcfmy tot se/f-defense, hunting and GUN N0LBVCE necnaabon. Police in Dallas doing their �b � � �� A nightclub Right now, thuusandoof dangerous felons remain illegally in Or|andu � � �� An office holiday party in San armed beuauoewe don't ensure that people convicted Bemardinu � � �� Achurch 'in Charleston � � �� A of violent crimes actually relinquish theirQunsafter movie theater |n Aurora An elementary school in conviction, The Department of Justice 'identified more Newtown than l7OOC felons and other dangerous people- with more What's nex� How/noanyf ore people need to die from gut than 34'000 8uns, including more than I,4OC assault violence before we tyke bold action to save livey/ weapons. More than SOO Americans are shot each day, more than Passing Proposition 63 will representa historic and 80 of them fatally. unprecedented step, /brwmnd /brgun sahyt; More than l million Americans were killed or seriously LEADERS FROM ACROSS CALIFORNIA SUPPORT injured by8uns from 2004-2014. PROPOSITION 63, INCLUDING: ENOUGH! a Lieutenant Governor Gavin Newsom = U.S. Senator /t"s ��neto take ac�onbr keep guns and a/n/noout ofthe Dianne Feinstein ° Law Center toPrevent Gun Violence wrong hands. m California Democratic Party w California Secretory of State Alex Padi|!a m Speaker Emeritus uftheAysomb!y Pro ition 63--the Safety for All Act--will save !ives Toni Atkins w Speaker Emeritus of-he Aasemb|yjohn by closing loopholes to prevent dangerous criminals, Perez * Sheriff Vicki Henneasy, San Francisco w Former domestic abusers, and the dangerously mentally ill from Police Chief Ken James, Emeryville SE|U � League of obtaining and using deadly weapons. Women Voters of California w California Young Democrats PROPOSITION 53 WILL: * California Federation of Teachers a San Francisco Board w Remove illegal guns from our communities by ensuring of Education w Equality California * Courage Campaign that danQonouu criminals and domestic abusei'a ue|! o, 0 California American Co||eQe of Physicians a California tranyfe, their firearms afterthoy're convicted. American College of Emer.,,enc; Physicians a Southern w Require any business that sells ammunition to report if Ca|ifurnia Public Health Association ~ C|erQ d Laity their ammunition is |os- or stolen. United for Economic Justioe ° Cua|ition Against Gun • Require people to notify law enforcement if their guns Vio|ence » Rabbis Against Gun Vio|enoe a States United are lost o/ stolen, before the weapons end up in the to Prevent Gun Vio!enua e Stop Handgun Vio!enoe ° Stop wronQ hands. Our ShootinQu = VVomen Against Gun Violence- 0Youth • Ensure people convicted of gun theft are ineligible to Alive! own guns. To |earn more please visit ww^«Sa/ety16o48co/n. w Stren8then our background check systems and ensure 8AV!N NEVVSOKA, Lieutenant Governor ofCa|ifornia that California law enforuement shares data about O|ANNE FE|NSTE|N United States Senator dangerous people with the F8|, ' Proposition rn on � keeps and out ofthe 0OBYNTHOK84S, Executive Director wrong hands, while protecting the rights n/law-abiding Law Center to Prevent Gun Violence ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REBUTTAL TO ARGUMENT |W FAVOR OF PROPOSITION 63 * 7�nonstydun'� follow the /am,' ammunition diverts critical resources and focus away from Gavin Newsom refuses to acknowledge that the Or|ando effective- anti'�error|am efforts, leaving the public more and San Bernardino attacks were 18|S inspired |y|amiu vulnerable toattack and LESS SAFE. radicalism. |t iy th� same ideo�Qy that motivated the There's a reason law en/hnuennentomenxhelning,�yOpposes B/lI tenor attacks that killed 2,996 innocents. PrOD. 62. Exploiting terrorist attacks to push sweeping |avvy The public interest would be better served if these affecting law-abiding peoples' civil liberties is misleading, resources were used to educate more Californians vvron8, and dangerous. about what they call do to protect their families arid None ufthe proposed laws would prevent terrorist attacks. communitiesfi-om terrorist attacks o, to further train law The reality ia terrorists call always find the means towreak enforcement to do so. havou, a box cutter in a p!ane on 9/I1. a homemade Shop this dangerous abuse uf public resources. bomb in Boston, oratruck in Nice, France. Terrorists Vote NO on Prop. 63! criminals get weapons from the black market, make- them, or steal them from law.-abiding citizens. ALON ST|V!, President Everyone agreesthot preventing weapons from falling Direct Measures International, Inc. into the wrong hands iscrucio|. We all share the concern VV|LL|A�8 "B|LLY" B!RDZELL, U.S. Special Operations about the growing trends ofterrorism and radicalization. Command Anti-Terrorism Instructor But Prop. fB /s NOT the anxwer R|CHARO QRENELL, Longest serving U.S. Spokesman at Spendin8tens of millions of taxpayer dollars year after the United Nations year on useless lists of everyone who buys and sells 88 1 Arguments AogtIsegfSpxvado»,1J1iSvggo,?rP Moopif�ioo;/xhoauthors,and/mve Pat� � �� cAodkorw omory/yan9 official agoq' FIREARMS.AMIMUN0ONSALES. mOTzITIOIw aft INITIATIVE STATUTE. bJ_ ARGUMENTAGAINST PROPOSITION 63--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Prop. 53 isoverwhe|ming!yopposed by the !aw would waste should be used to hire more offiueryand to enforcement community and uivil rights roupy bocouso target, investigate. and proseuute dangerous individuals it will burden law abiding citizens without keeping violent and terrorists. criminals and -erroristsfrom accessing firearms and After closely analyzing the |an8ua8eof Prop. 52, the ammunition, law enforcement uommunityfound many problems in The California State Sheriffs' Association' Association the details. Due to strict limitations on the Legislature's of Deputy District Attorneys for Los Angeles County' ability to amend voter-enacted propositions' most of these California Correctional Peace Officers Assooiation, prob|ems will be difficu|t o, impossible for the LeQis|ature California Fish & Game Wardens' Association, California to fix if Prop, 53 passes, saddling California with the Reserve Peace Officers Association, and numerous other burdens and costs uf this flawed proposal forever� iavvenforoement and civic groups, representing tens BygoinQaround the Legislature, this initiative limits of thousands uf pubiic safety prufeysiona|sthrouQhuut public safety professionals in developing future |e�|siatiun California, are united in their opposition to this ineffective, that would tn�v promote public safety. California burdensome, and ooyt|y proposal. taxpayers Should riot waste hundreds uf millions uftheir Prop, 53 would divert scarce law enforcement resources dollars or.. ineffective laws that have no value to law avvayfrom local !aw enforcement and overburden an enforcement and will harmn pub!io safety by diverting a|readyoverorovvded court system with, the enforcement resources away from effective law enforcement activities of flawed laws that will turn harmless, law-abiding citizens that are critical to public safety. into criminals. In fact, New York recently abandoned Please visit N/N/N/N/-/E9f3MyAMM0.00Mfor more its enforcement of a similar proposal after it was information. paased' finding-thatit was 'impossible to implement and PLEASE VOTE NO ON PROP 63. effective|ymaintain. Doing what actually works to keep -he public aafe is DONNYYUUN8BLOOO. President 'he highest priohtyof law enforcement profeuaiona!u �a|ifornia State Sheriffs' Aysooiat|on who dedioatetheir lives to protecting Californians, KEV|N BERNZOTT, Chief Executive Offiuer Unfo,tunate|y' Prop, 53 will not make anyone safer, Tb �a|ifornia Reserve Peace Officers Association 'the contrary, bydirectingresources away from measures T|FFANYOHEUVRDNT, Principal Officer that are truly effective at preventinQthe criminal element Coalition for Civil Liberties from acquiring guns and ammunition, it would make us all less safe, The immense pub|io resouroesthat Prop. 63 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REBUTTAL TO ARGUMENT AGAINST PROPOSITION 63 * As law enforcement and public safety officials. we're not prop� 6� a|so �npnomes back��und check systems so that surprised that groups such ay -he NRA and its affiliates |awenfo,oement can prevent people banned from owning oppose Proposition 63, Make no mistake, the so-called weapons—such ay violent fe|ons--from buying guns and "Coalition for Civil Liberties" is actually an NRA front ammo. group, And Prop, 63 du/ifies existing |uwso 'that any gun theft The gun lobby oft | i should f enforcing is afa|on� pe:p/e who s�a(guns oon� existing gun /aws, and that's exactly what zn initiative own guns-. That'y another oummon-sense reform to save does—Prop. 63 closes loopholes and heiPsenh»/re exbbn�,' lives overwhe| /aws /o keep guns and amino out ofthe wmrnghands� el, laws by iav enforcement professionals. For example, Prop. 63 enyuas dangerous cnnwct« prop, 63 will close loopholes /n our exisbagg kows and prohibited fnnnnowmingcf weapons follow the law and gget preventda - crirn/nafs, donnesbcabusecy, and the rid of their/ireanny� Law enforcement professionals have danganous/y/nenteXy ill from obtaining and using deadly found that felons and dangerous People Currently possess weaponS, thousands or guns illegally-----ao closing this |oopho!a will save |i:aa. NANCYO'KDALLEY. District Attorney Prop. 53 also requires reporting lost and stolen hreanns Alameda County to help police shut dovvn gun trafficking ringsd locate jEFFROSEN, District Attorney caches 'Illegal weapons. Pn;z 63 will help po|ice Santa Clara County recover stolen guns before they're used in crimes and V|CK| HENNES5Y, Sheriff return them to their lawful owners. San Francisco Amwrr"a»upinmd ov this«aga are thrvapil-ioilx and have not beer,rhvd*d for accuracy kyaqvffiria/vgpilq, A,Gurnent5 | 89 PROPOSMON MARIJUANA LEGALIZATION. INITIATIVE STATUTE. 139+ OFFICIAL TITLE AND SUMMARY PREPARED BY THE ATTORNEY GENERA' i i • Legalizes marijuana tinder state law, for e The size of the measure's fiscal scal effects use by adults 21 or older. could vary significantly depending on: I • Designates state agencies to license and k1" how state and local governments regulate marijuana industry. choose to regulate and tax marijuana, (2) whether the federal government • Imposes state excise fax of 15% on retail enforces federal laws prohibiting sales of marijuana, and state cultivation marijuana, and taxes on marijuana of $9.25 per ounce of (3) how marijuana prices and flowers and $2.75 per Ounce of leaves. consumption chance under the • Exempts medical marijuana from some measure. taxation. e Net additional state and local tax revenues • Establishes packaging, labeling, that could eventually range frorn the advertising, and marketing standards and high hundreds of millions of dollars to restrictions for marijuana products. over $1 billion annually. Most of these • Prohibits marketing g and advertising funds would be required to be spent for specific purposes such as youth prograrns, marijuana directly to minors. environmental protection, and law • Allows local regulation and taxation of enforcement. marijuana. a Net reduced costs potentially in the tens • Authorizes resentencing and destruction of of millions of dollars annually to state records for prior marijuana convictions. and local governments merits prim arily related SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE to a decline in the number of marijuana offenders held in state prisons and county OF NET STATE AND LOCAL GOVERNMENT FISCAL jails. IMPACT: ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND selling or growing marijuana may result in a Jail or prison sentence. State Marijuana Laws Proposition 215 Legalized Medical Marijuana. Marijuana Generally Illegal Under State Law. In 1996, voters approved Proposition 215, Under current state law, it is generally illegal which made it legal Under state law for to possess or use marijuana. uana. (Please see the individuals of any age to use marijuana in nearby box for detailed information on how California for medical purposes. Individuals marijuana is used.') Penalties for marijuana- Must have a recommendation from a doctor related activities vary depending on the to use medical marijuana. In 2003, the offense. For example, possession of less than Legislature legalized medical marijuana one ounce of marijuana (the equivalent of collectives, which are nonprofit organizations roughly 40 marijuana cigarettes, also known that grow and provide marijuana to their as "joints") is punishable by a fine, while members. Collectives are not now licensed 90 THIE!and Summary/Analysis MARIUMNA LEGALIZATION. PROPOSITION M I N IT I Al'i V E STATUTR.. b4 ANALYSIS BY THE LEGISLATIVE ANALYST a N T I N U E.3 ................................................................................................................................................................................................................................................................ ................................................................................................................................................................................................................................................................ ................................................................................................................................................................................................................................................................ ................................................................................................................................................................................................................................................................ ..... ................................................................................................................................................................... .......... ... ................................................................................................................................................................... .................................................................................... 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Q k' b Dther Methodsk, Other lesS com.m.0h.ways..qf.�� s mg,�,kilbrijti ana in of ud J., an ve. a nii��... ...... ..................... .......... W, ...... ed: ofil 11 - M ja u s :6 s an ifffqse�d' ftK�ma�rj�f� .A��Ar d r bb' J a f :4 the ki ...................................................u An 4 u in :M ....................... -, �: ArTU-4f ... . ................................................ ....... ..................... 9 .... ....... .......... ..................... .......................................................................................... ........ ......................... .......................................................................................................................................................................................................................... or regulated by the state, but cities and state to set standards for labelling, testing, Counties can regulate where and how and packaging medical marijuana products medical marijuana is grown and sold by and to develop a system to track such individuals or collectives. products from production to sale. Currently, State Currently Adopting New Medical these regulations are being developed by Marijijana Regifiations. Recently, new state the different regulatory agencies. Under the laws were adopted to begin regulating new laws, medical marijuana collectives medical rnarijuana. As shown in Figure I a must be closed within a few years and new Bureau of Medical Cannabis Regulation replaced by state--licensed businesses. and other state agencies are responsible for Local governments will continue to have the this regulation. The new laws require the ability to regulate where and how medical ............................................................................................................................................................................................................................................... Medical Marijuana Industry to Be Regulated Multiple State Agencies .............q.................................... ........... ............................................. .......................................... ............................................................. ................................................... 8 arid rjepaftrr,�nt of F;aorj i3nd Agiculture, U�',PPse and regiAzale rnedkA 'pmens, DiaoaftmE ,,nt of Pu'Ac H;?aiifh L it,erl Ac3I pmduct? iW Saite Wate,F Re,,owm-et C±.)Fitm! 8<1ard Pq'!(Jatw th" impad-"'ig MaOjuapa'grcwving or! �&nater quality, Depalrtrw'd Fish and Mdlife Repl°1te of marl mg um, DevlaFfment of NstkiLle R m-pu tik.%a neqx"de'use for 1001WMgs For the?ful!text of Proposition 64, sec page 178. Title and SUHT-nary i Analysis 91 PROPOsIrIO-A MARIJIUANA LEGALIZATION. b4INITINFIVE STARTE. ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED marijuana businesses operate. PROPOSAL Taxes on Medical Marijuana. State and local This measure (1) legalizes adult nonmedical governments currently collect sales tax on use of marijuana, (2) creates a system for rnedical marijuana. A small number of cities regulating nonmedical marijuana businesses, also impose additional taxes specifically on rnedical marijuana. The total arnount of (3) imposes taxes on marijuana, and state and local taxes collected on medical (4) changes penalties for rnarijuana-related rylarhuana likely is several tens of millions ofcrimes. These changes are described below. J dollars annually. Legalization of Federal Marijuana Laws Adult Nonmedical Use of Marijuana Under federal law, it is illegal to possess Personal Use of Nonmedical Marijuana. This or use marijuana, a, including for medical measure changes state law to legalize the use. The U.S. Supreme Court ruled in use Of rqariliUana for nonmedical purposes by Z—OO.'-- that federal agencies could continue adults age 21 and over. Figure 2 surnmarizes under federal law to prosecute individuals what activities would be allowable under who possess or use marijuana for medical the measure.. These activities would remain purposes even if legal under a states law. illegal for individuals under the age of 21. Currently, however, the U.S. Department of Purchasing Marijuana. ruder the measure„ Justice (DOJII chooses not to prosecute most adults age 21 and over would be able marijuana Users and businesses that follow to purchase marijuana at state-licensed state and local marijuana laws if those laws businesses or through their delivery services. are consistent with federal priorities. These Businesses could generally not be located priorities include preventing minors from within 600 *feet of a school, day care center, using marijuana and preventing marijuana or youth center, unless allowed by a local from being taken to other states. government. In addition, businesses selling Figure,2 ptoposition 64:Le lizes Nonmedical Madjuana Activities, Witti Restrictions 22 ..........................................*......... ......................................................... ............ dk 6., --::';'A UVRWAIW AdIONNd W ad:.WWO the MOAMM ... 1:............... smokitliq madjuapa Smd-ing m'qvjuana in a hwe'of at, ifl .1 ham"r"';3 �t�lnliE"d 1;A on-�N-ibs Q -I �&Miq;Wbaaw'5 the- D�0hibdU-sal, to:M6 rzi Ei I s i i1bout,Car*t) rfmi�iwll of?twojoaw�33f Me ggniilds it 4:%hall.idly ptrsorW ase od tip to 8 gams,?f qw'1nftW-A cm 4x0ut 3 yutll renkl OiWrM"am Pt'nuii ma(anubu)C'sbx as hasb�; pNfts iqte dJJ3 ofn1f f� mas JflaJ'a pmduudl by,01i pfat"""Aip�t p0vale put-lic,One, Givingmay marijuana Givnq awoj b�.Aher adub in"tt)2�1.'�gmmm',,it Nwiding madijpliama 11.0 malor't' the age of 21,lkv mfOau snd qq to 8 101A'1115 untinkfiol Un- 92 THIE!and summary Analysis MARIUMNA LEGALIZATION. PROPOSITION M I N IT I Al'i V E STATl1TR.. b4 ANALYSIS BY THE LEGISLATIVE ANALYST a N T I N U E.3 rnarijuana could not sell tobacco or alcohol. individuals affected by a decision of the Under the measure, local governments staWs regulatory agencies. Decisions of the Could authorize licensed businesses to panel could be appealed to the Courts. allow on-site consumption of marijuana. Local Regulation of Nonmedical Marijuana However, such businesses Could not allow Businesses. Under the measure, cities consumption in areas within the presence and Counties Could regulate nonmedical or sight of individuals under the age of marijuana businesses. For example, cities 21 or areas visible from a public place. and counties could require nonmedical In addition, businesses allowing on-site marijuana businesses to obtain local licenses rnarijuana consumption could not allow and restrict where then could be located. consumption of alcohol or tobacco. Cities and counties could also completely Regulation of Nonmedical Marijuana Businesses ban marijuana-related businesses. However, they could not ban the transportation of State Regulation of Nonmedical Marijuana marijuana through their jurisdictions. Businesses. This measure changes the name of the Bureau of Medical Cannabis Taxation of Marijuana Regulation to the Bureau of Marijuana The measure imposes new state taxes Control and makes it also responsible on growing and selling both medical and for regulating and licensing nonmedical nonmedical marijuana. As shown in Figure marijuana businesses. In addition, the the new tax on growing marijuana would measure requires other state agencies to be based on a dollar amount per ounce of I--, regulate and license different parts of the marijuana, and the new excise tax would nonmedical marijuana industry. These state be based on the retail price of marijuana agencies Would have responsibilities similar products sold. to the ones they Currently have for medical The measure Would also affect sales tax marijuana. The measure requires each revenue to the state and local governments licensing agency to charge fees that cover in two ways. First, legalizing the sale of its marijuana regulatory costs. Under the nonmedical marijuana uana will result in new measure, the system for tracking medical sales tax revenue. (This would happen marijuana products that Must be developed automatically, as generally products are under current law would be expanded to Subject to this tax under Current law.) include marijuana for nonmedical use. Second, the sale of medical marijuana, The measure also creates the Marijuana which is currently subject to sales tax, is Control Appeals Panel to hear appeals from Figure 3 Taxation of Marijuana Under Proposition 64 ........................ ....... ............... ...... ....... .... ....... ........ ....... ...... .................................................................................................... .......... ......... .................................................................................................... N�-'v"titltv'r ta'x C'ri vowl,11 840k sn (ka�asid nl)mmWical. $916 p�'f(i�wc* dried flcrmn"5")10 iMf f st�tf4iMBoth slledita�awl nflnlnetlicA o I pelnii pmm x'SWIg,'Aa!e�md jkxa!uk�'s tax NnnnietkM klnl�y. Ra t-��vary file sta%Nit averag "iMl..0"8,�'c .eht N-"'Ag and futfff'�1--cal tAxmi cmarsrs Yli'.n N'O.wd;ul and mmioldik-A, '%bod tD ks�,A govemnent�06'i;os ........................... For the?ful!text of Proposition 64, sec page 178. Title:3 r.d S L;Mrn a ry i Analysis 93 MARIJIUANA LEGALIZATION. b4INITINFIVE STARTE. ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED specifically exempted from that tax. The license fees. A portion of the monies would rqeasure does not change local governments' then be allocated in specific dollar amounts existing ability to place other taxes on for various purposes, as shown in Figure 4. medical rnarijuana and does not restrict their All remaining revenues (the vast majority ability to tax nonmedical mariliUana. of monies deposited in the fund) would be Beginning in 2020, the tax on growing allocated as follows: marijuana would be adjusted annually for 60 percent for youth programs inflation. The measure also allows the state including substance use disorder Board of Equalization to annually adjust education, prevention, and treatment. the tax rate for marijuana leaves to reflect 20 percent to clean tip and prevent changes in the price of marijuana flowers environmental clarnage resulting frorn relative to leaves. In addition, the measure allows the board to establish other categories the illegal growing of marijuana. of marijuana (such as frozen marijuana) e 20 percent for (1) programs designed for tax purposes and specifies that these to reduce driving under the influence categories would be taxed at their value of alcohol. marijuana. and other drugs relative to marijuana flowers. and (2) a grant program designed to Allocation of Certain State Tax Revenues. reduce any potential negative impacts Revenues collected from the new state on public health or safety resulting from retail excise tax and the state tax or, growing the measure. marijuana would be deposited in a new state Penalties for Marijuana-Related Crimes account, the California Marijuana Tax Fund. Certain fines on businesses or individuals Change in Penalties for Future Marijuana who violate regulations created by the Crimes. The measure changes state rqeasure would also be deposited into this marijuana penalties. For example, possession fund. Monies in the fund would first be used of one ounce or less of marijuana is to pay back certain state agencies for any currently punishable by a $100 fine. Under mariliUana regulatory costs not covered by the measure., Such a crime committed by Note 4 Proposition 64 Allocates a Portion of State Revenues for Specific Purposes .... ... ... . .... ........ ........ .......................................................................................... ............................................................................................ F V ...... ................ ...... ........................... ................................ ..... .............................................. ...... ........... Gr8r a, '� xh asob leen 0 nfkD to 50fnfta 21pk pam mfl $ Pi � g assistance.and sim"'Stim". ci�sor�lur br�N4ment) mrnmmitie� nnn_�11 k0fpi�4'ld by vast daig Ofects o"t,if'rnezlsur,� $10::n-1iW!)n crin�i�and-3.1clopi inettj�)dsk fo snme.dj`e '�hrough 202-2-23 ke vn'iri�'dj jncljd�hg 0'y mar�'Iuam is drMng whi! card"angping, 20 r-23 ",fill 94 THIE!and summary Analysis MARILIUANA LEGALIZATION. PROPOSITION M I N IT I ATI V E STATl1TR.. b41 ANALYSIS BY THE LEGISLATIVE ANALYST a N T I N U E.3 someone under the age of 18 would instead could apply to the courts to have their be punishable by a requirement to attend a criminal records changed. drug education or counseling program and Complete community service. In addition, FISCAL EFFECTS selling marijuana for nonmedical purposes I--, J is currently punishable by Lip to four years Fiscal Effects Subject to Significant Uncertainty in state prison or County jail. Under the This measure would affect both costs and measure, selling rnarijuana without a license would be a crime generally punishable by The size of revenues for state a these effri ects could vary local governments. - up to six months in County jail and/or a depending primarily on three significantly fine of up to . In addition, individuals engaging in any marijuana business activity key factors: without a license Would be subject lect to a civil First, it would depend on how state and penalty of up to three times the amount local governrylents chose to regulate and of the license fee for each violation. While tax marijuana. For example, if many the Measure changes penalties for many cities and counties banned marijuana marijuana-related crimes, the penalties for businesses, the amount of revenue from driving a vehicle while under the impairment taxes on marijuana Would be less than of marijuana Would remain the same. The without such bans. measure also requires the destruction— s Second, it Would depend on whether within two years------of criminal records for the U.S. DOJ enforced federal laws individuals arrested or convicted for certain prohibiting rnariivana. For example, if rnarijuana-related offenses. i the U.S. DOJ chose to prosecute state- Individuals Previously Convicted of Marijuana licensed marijuana businesses, there Crimes. Under the measure, individuals could be significantly reduced" revenue serving sentences for activities that are from rn T ro marijuana taxes. This analysis made legal or are Subject to lesser penalties assumes the U.S. DOJ will follow its under the measure would be eligible for Current policy regarding enforcement of resentencincy. For example, an offender marijuana laws. serving a jail or prison term for growing or Third, the fiscal effects would depend selling marijuana could have their sentence heavily on how marijuana prices reduced. (A court would not be rewired to resentence someone if it determined that the and consumption change under the person was likely to commit certain severe measure. This analysis assumes that crimes.) Qualifying individuals would be the price of marijuana would decline resentenced to whatever punishment they significantly. This is primarily because Would have received tinder the measure. (1) businesses would become more Resentenced individuals currently in jail efficient at producing and distributing or prison would be subject to community marijuana and (2) the price of Supervision (such as probation) for Lip to marijuana Would no longer be inflated one year following their release, unless a to compensate for the risk of selling an Court removes that requirement. In addition, illegal drug. This analysis also assumes individuals who have completed sentences that marijuana consumption would for crimes that are reduced by the measure increase under the measure. This is For the?ful!text of Proposition 64, sec page 178. Title:3 r.d S L;Mrn a ry i Analysis 95 MARIJIUANA LEGALIZATION. b4INITINFIVE STARTE. ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED primarily because of 0 ) the reduced would also be some increased criminal price and (2) the reduced legal risk for justice costs (such as county jail and state marijuana users. court costs) to the extent that increased The actual effects on mari -r i Juana prices marijuana use leads to increased r .arijuana- and consumption are unknown, as are the related crime (such as driving while impaired regulatory and enforcement actions of the by marijuana). state, federal, and local governments. As In total, the net reduction in state and such, the potential cost and revenue impacts local criminal justice costs frog -i the above i this measure described below are subject 0 changes could be in the tens of millions to significant uncertainty. of dollars annually. In many cases, these Effects on State and Local Costs resources would likely be redirected to other criminal justice activities. Reduction in Various Criminal Justice Costs. Effects on State and Local Health Programs. The measure Would result in reduced The measure Could also have various fiscal criminal iustice costs for 'the state and local J effects on state and local health programs governments. This is primarily related to a as a result of increased marijuana use. decline in the number of offenders held in -it in state prisons and county jails for growing and For example, the measure Could result an increase in the number of individuals selling marijuana. The measure would also seeking publicly funded substance use reduce the number Of Such offenders placed treatment. Any additional costs "or such 1 under community supervision (such as services could be partially or entirely offset county probation). In addition, the measure would likely reduce other criminal justice by additional funding that would be available costs, such ich as state court costs for the for substance use treatment Linder the handling of related criminal cases. measure. Although research on the health effects of marijuana use is limited, there is The above cost reductions would be partially some' 0 offset by increased costs in several areas. evidence that smoking marijuana has harmful effects. For example, marijuana In particular, the courts would incur costs smoke is among a list of substances to process applications from individuals N identified by the state to cause cancer. To seeking to be resentenced or have their the extent that an increase in marijuana use criminal records changed. In addition, -there negatively affects users' health, it would would be costs to supervise resentenced increase somewhat state and local health offenders in the community. These various program costs. Costs Would be incurred largely within the -first couple of years following the passage Increased State Regulatory Costs. The measure of the measure. In addition. there would be would also result in costs for the state to ongoing costs in a few areas. For example, regulate nonmedical marijuana businesses. there would be Court costs to destroy records These costs would vary depending on how 01 arrest and conviction for individuals who the state chooses to regulate marijuana but commit certain rriariJUaria-related crimes. could amount to several tens of millions In addition, there would be ongoing costs of dollars annually. Eventually, these costs to operate drug education and counseling would likely be entirely offset by license fees programs as required by the measure. There and tax revenues. 96 1 THIE!and summary/Analysis MARIUMNA LEGALIZATION. PROPOSITION M I IN IT I ATI V E STATl1TR.. b4 ANALYSIS BY THE LEGISLATIVE ANALYST a N T I N U E.3 Effects on State and Local Revenues process will take but it could be several years Tax Revenues Could Reach $1 Billion after the measure passes before revenues Annually, but Not Right A way, State a n d reach the range described above. As local governments would receive more discussed earlier, the measure requires that revenues—including sales, excise, and most of these funds be spent or, specified income taxes from marijuana sales allowed purposes. under this measure. This increase in tax Additional Local Government Revenues. revenue would result primarily from (1) new The measure could result in additional state excise taxes on growing and selling revenues if local governments impose taxes marijuana, (211 individuals switching from on marijuana. uana. The amount of additional illegal purchases of marijuana (made from revenues could vary significantly, depending individuals who do riot pay all the taxes they primarily on how many local governments owe) to legal purchases (at businesses that impose marijuana taxes and at what rates. collect and pay the taxes they owe), and These revenues could easily amount to tens (3) an increase in consumption of marijuana. of millions of dollars annually. In addition, lower marijuana prices due to Potential Impact on Local Economies in the measure may provide individuals using Marijuana ProducingAreas. Exports of marijuana now with some savings. This could marijuana currently contribute significantly allow them to purchase other legal products to the economy in parts of Northern that generate tax revenue. These revenue California, such as Humboldt, Mendocino, increases, however, would be partially offset and Trinity Counties. Precisely how this by the loss of sales taxes now collected on measure would affect these local economies medical marijuana sales, as the measure is unknown. Lower marijuana prices and exempts Such purchases from these taxes. more opportunity for legal cultivation elsewhere could hurt the economy in In total, our best estimate is that the state and local governments could eventually these areas, reducing local government tax revenues. If, however, local growers and collect net additional revenues ranging from the high hundreds of millions off dollars businesses successfully rnar keted their rnarijuana products as premium P-oods, to over $1 billion annually. F-lowever, the revenues are likely to be significantly lower consumers might be willing to pay above- average prices for them. If that occurred, in the first several years following the it could help offset some of the negative passage of the measure. This is because it economic effects in those areas. will take a couple of years for the state to issue licenses to marijuana businesses. In Visit http://Www.sos.ca.govlmeasure-contributions addition, it will likely take time for newly for a list of committees primarily formed to support lwww.f licensed businesses to set up efficient or oppose this measure.Visit http.1 ppaca.gov production and distribution systems. Prices transparencyltop-coittribiitorslnov-16-gen-v2html in the legal market will likely fall as more to access the committee's top 10 contributors. legal businesses are licensed and as they become more efficient. As this Occurs, more consumers will begin purchasing marijuana Uaria legally. It is unknown precisely how long this For the?ful!text of Proposition 64, sec page 178. Title:3 r.d S U Mrn a ry i Analysis 97 PRomxmow MARIJUANA LEGALIZATION. 6 A 4 |N|TIAOVESDATUTE * ARGUMENT |N FAVOR OF PROPOSITION 64 Proposition 64 finally creates a safe, !legal, and reduced law enforcement costs. To8ether, that is benefit comprehensive system for adult use of marijuana while of $Il bi||ion over the next decade. protecting our children. a 64 corrects mistakes from past measures that didn't Karjuana is available near|yeverhere in California— direct money Instead, this measure is but without any protections for children, without specific about how muneycan be spent, Prop. 64 assurances of product safety, and without generating tax specifically prevents politicians from diverting money to revenue fo,the state. 'their separate pet projects. Prop, 64 controls, regulates and taxes adult use of = 64 pays -for itself and raises billions -for afterychuui marijuana' and ends California's orimina|izahon of programs that he!p kids stayin school; for�ob responsible adult use. Plooement, lob training, and mental health �reotmen�/ California Medical Association supports Prop. 64 because for drug prevenbun education for teens; to treat alcohol! d m8addiction; and to fund training and research|t inour' t best practices from h y for law crack on impaired driving. �!*go|iz d adult marijuana use, and adh*eudose!ytothe recommendations of California's B|ue Ribbon Commission Over the next deoade, these pro8ramswi|| receive billion in revenues on K�arijuana Po|ic� which included |awenfuncementand � pub!ic health experts. Every year, there are more than 8.8DO felony arrests for How Prop �� N�nks� growing o/ selling mu/iivanu in California, resulting in some ve�1un8 h sentences. Thiy is an enunmuus � Under this law, adults 2I+ will be a||owed to Possess waste of law enr--' ent resources. Prop. 64 will stop amaU amounts cfnonmedioa| mari�uana' and -o mininQpeople's�i --�—rma,iju'-a --row amounts at home | use. Sa!e lives — marijuana. of nonmedical marijuana will be at highly The tough, common sense regulations put fort,".. i 64 ne8ulated, !ioansed marijualia businessres, and on1v == ="pp"'=" by the largestever in support of adults 2l+ will — �----- — — � --' —' ' seU marijuana reform, including Lieutenant Governor Gavin Newsom., Democratic Repub|ioanCon beo marijuana, nor will .iquor �o�sorQnooery �u�s. ' �="" "=' ' Law Enforcement Against Prohibition, the California Child ' � NAACP, the California Demou�tic Party and many others. w Drugdea!orydon'taukfor proof and �»daY We all know California's ourrentapproach toward can sell marijuana laced with dungemusdmQs marijuana doesn't make sense It's time to put an end and chemicals. 64 inu|udaatouQhast-in-L�he'nat|on to our broken and 'implement proven reforms so pn�ectionufor children, requiring purchasers to be 2l' marijuana wiU-'---~ contmUed and taxed barring advertising directed tochildren, and requiring be safe, ' � clear |abe!inQand independen� pmduot �e�in� to 0�. DO@�LDO. LYK�A@' FurmerChiefufChmnio Disease t ensure safety. 64 prohibits marijuana businesses next and |�uryContm! to sohoo|s. California Department of Public Health The independent LeQis|atiwaAnalyxys Office found GRETCHEN BURNS, Executive Director that 54Will both raise revenue and decrease costs. By Parents for Addiction 'Treatment and Hea|inQ collecting unpaid taxes from ma,ijuana, it will bring in STEVEN DOWNING. Former Deputy Chief over $l billion of revenue �wary;earto heip Ca|ifurnia. Los Angeles Police' Department And it could save tens of millions of dollars annually in * REBUTTAL TO ARGUMENT IN FAVOR OF PROPOSITION 64 Pmposition 64. in effect, could limit a 45'year ban on Sharon Levy, M.D., FAAP, chair of the American Academy omoking ads or. television, a||mwinQmari]uana ads airing of Pediatrics Committee on Substance Abuse warns ^K to millions ofchildren and teen viewers. These ads call, took several generations, mi||ionaof lives and billions of appear during The Olympics, on ''T lie Voice'" "The Big dollars to eatob!iyh the harms oftobacco use on health, Bang Theory" and hundreds of other programs popular even though these harmsae overwhe|ming, We should with younQerviewers. not consider marijuana 'innocent until guilty,' given These marijuana smoking ads could be a|!uwed on all what w* a!readyknow about the harms to ado|esuents." broadcast phme imeshowm, and approximately 95% After recent reforms, not one single person remains of all broadcast television pruQramming. Children cou|d in Ca|i|urnia'y prisons solelyforsimple man�ana beexpuaed toads promotingmari�uana Gummy possession. What Proposition 54 i� ,ea!|yobout is and brownies—the same pmducts blamed for a spike in exposing our ohi|dren to harm in order to make bi||ions. emergency mom visits in Cu|oradu Join us in voting ^Nio" on Proposition 64. We ban tobacoote|eviyion ads beoause studies show it KAT1E0EXTE0 Past President encouraged kids to start smoking. Marijuana smoking " ado on TV should have been banned, but the proponents Sa» DieQo County School Boards Association didn't want to restrict the enormous profits they plan to JDHN QU|NTAN|LLA, Board Member make, estimated in the billions. And like tobacco money, Rosemead School District the corporate monopolies spawned by Proposition 64 can CYNTH|A RU|Z, Board Membar uaatha� moneyfor oon�ribut|ona to po|itio|anato ensura Walnut Va!|ey Unified School District we can never undo the domage Proposition 64' will do. MARIJUANA'LEGALIZATION, PRomxmow INITIATIVE STATUTE - 64- ARGUMENTAGA|MSTPROPOS|T|ON64 There are five huge flaws in Pmposition 64 that directly Bishop Ron Allen of the International Faith Based af|ectyuu and the people you care about. Cua|ition representing 5,000 inner-city churches calls Raw#2/ Doubling ofhighwev fatalities. Proposition 54 an "attack on minorities" and asks ''VVhy The AAA Foundation for Highway Safety reports that are there no limits on the number of pot shops that can deaths in marijuana-related car crashes hawadoub|ed be opened in VV PoorneiGhburhoods! ewi|| now have since the State of Washington approved legalization. a string of pot shops to8owith the two liquor stores on every block, but can't aQ,00e/ysto,e Yet. incredibly, Proposition, 54'a proponents refused to ' � include DU| standard |ur mar|juana, making it extremely Proposition 54 will make every parent's job touQhe�" difficult to keep impaired drivera off our highways. |n short, Proposition 64 is radically different from�aw#2/A0ows/na� m�ana� x;ng near«chmo�and pa�s. |e8a|ization measures in, other states, and may weaken count|eysounsumer protections just passed last year and Propositiun 64 actually forbids local governments from signed into law byGo:amor Brown banning indoor residentiaiQruvvin f rUuana--even nextdoor toane!emantaryscho-1--prcvided the crop MthePru proponents' Rebuttal be|owdoean'tanywortheae fivequestiony then the only reasonable decision is to is limited to six plants' (and that is a lot of mariju me ana)� , o, ' � � The California Police Chiefs Association adds that � "by permitting indoor cultivation of marijuana literally l.VVhy is there no DU! standard in your initiative to let next door to e|ementaryuchuo!u and piay8munda, our CHIP officers wet d,ug-impaired drivers off the mad? .Proposition 64 is trampling iuca| control." It is not sufficient to simply commission a ^ytud;" F-law&3/ Will increase. not decrease black nri*xkatand 2.Why does Proposition 64 permit indoor cultivation of oh��cartel activity. marijuana right next door to playgrounds and schools? '' 3 Why does Fruposition 64 a||ovvfelons convicted U,8anized crime filings have skyrocketed in Colorado � oinoe marhuana |eQa ization," says Past President ofthe of dealing meth and heroin to be licensed to sell Colorado Association of Chiefs of Police John jaokson. marijuana? "We had l fi|inQ in 2007 and by2Ol5. we had 40. Since 4.VVhydoey Proposition 64 permit marijuana smoking ;our Proposition 64. repeals the prohibition on heroin uommeroia|y on TV? and meth dealers with felony convictions getting into 5.VVhy is there no limit on the number of Pot shops that the legal marijuana business, it could be much worse in can be p|aoed in usinQ|e neighborhood? California." T hey've gotten it wrong, again. We strongly urQe ;our Flaw#4/ Cuuld roll back the total prohibition ofs/nokh/g ''No" vote on Proposition. 64. ads on TV To get the facts, visit ww*uNm0n64.net Tobacco ads have been banned from television for D|ANNEFE|NSTE|N, United States Senator deoades' but Proposition 64wi|| allow 0OUG ViLLARS President ads in prime time, and on programs with mi||ionuof ' 'chi|dren arid teenage viewers. California Association of Highway Patro|man ' C. OUAME OAUNER' PresidentRa �Y5� ~ ~~ ^'~ ' ~— is a8-out assault on California Hospital Association underprivileged neighborhoods already reeling,from alcohol and dn.,g addiction problems, ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REBUTTAL TO ARGUMENT AGAINST PROPOSITION 64 * --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Lookatthefaots, not scare tactics from 8roupythat = 54 makaathe Protection of public health and safety a!waysoppuae mariivana reform. the #1 priority ofthe regulators that • Some evidence has shown states with legalized qualifies for a marijuana business |icense. marijuana have iiessyuuth man]uana use. Prop. 54 a 64 preserves local control. contains the nation'y strictest child protections: warning m 54 builds on consumer proteutiunsyigned by the Governor. labels, child-resistant packaging, and advertising The independent Legislative Analyst's Office says 64will restrictions, and it requires keep|nG marijuana out of raise revenue and decrease costs, Bipartisan lawmakers public view, away from chi!dron. support 64 because it's bayed on beat practices of states w Nothing 64 makes it legal to show marijuana ads on that have safely legalized. TV. Federal law prohibits it! ''| don't use marijuana and | don't want my 1-7-year-old • It has not been definitive� proven that impaired driving son to either. |'m voting Yes on 64 because it'so!ear it has /ncoeauedin those states with legalized marijuana' will protect children much be-ter than what we have now'" and crash risk hasn't increased. Colorado's Department says Maria A|exander, Los Angeles mother. of Public Safety and National Highway Traffic Safety Learn more at Yes0n64.o0g. Administration both confirm this. Vote Yes on 64 because' 0EP. TED L|EU, Former Mi!itary Prosecutor ° 64 invests hundredsofmillions intoequipm K� entand law ARSHARUSEN0AUM, Ph.D.. Co Chair enforcementtroinin8to crook down on unsafe driving. Youth Education and Prevention Working Group, It allocates new funds to develop comprehensive legal Blue Ribbon Commission on Mariivana Fo||oy standards under direction of the California Highway OR. LARRY BEOARD, Former President Patrol for measuring driver impairment. American College of Emergency Physicians Amwrr"a»upinmd ov this«aga are the apil-iofixof have not beer,rhvd*d for accuracy kyaqvffiria/vgpliq, A,Gurnent5 | 99 PR0P00ON CARRYOUT BAGS. CHARGES. N�N�N��N�� m�mnmmnnmm� �nmnn�n�. OFFICIAL TITLE AND SUMMARY pxEp«nen BY ms mmxwm uswmm • Redirects moneycuUeoted by grocery and certain = Provides -for Board to develop regulations other retail stonsthmuQh sale ofcarryout ba8s. implementing |avx whenever any state !mw bans free distribution of a particular kind of carryout bag and mandates the SUMMARY OF LEGISLATIVE ANALYSTS ESTIMATE OF NET sale of any other kind uf carryout bag STATE AND LOCAL GOVERNMENT FISCAL IMPACT. * Requires stores todeposit bag sale proceeds � P into a special fund administered by the Wildlife otentia| sta-e revenue ofseveral tens of millions Conservation Board to support specified categories of dollars annually Under certain oiruum/�anueu. of environmental projects. Revenuewould be used tu support oe�ain environmental programs. ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND carryout bags. It also requires a store to charge customers at least lO cents for any carryout bag that Carryout Bag Usage. Stores typically provide their it provides at checkout, Certain low-incume customers customers with baQsto carry uutthe items they buy. would not have to pay the charge. Under SB 270, Qn* type of bag commonly provided is the "single- stores would retain the revenue from the sa!* of use plastic carryout baQ'" which refers to a thin the bags. They could use the proceeds to cove,the piaotic baQ used at checkout that is not 'intended for costs of providing carryout bags, oomp|yin0with the continued ,euse. In contrast, "reusable p|asticbags" are thicker and sturdier so that they can be reused measure, and educational efforts to encourage the use of r usable bags. These requirements Would apply many times. Many also provide sinQ!e-use � only to cities and counties that did not already have paper bags. Stores provide paper their own carryout bag laws as of the fall of 2UI4 and p|ustio carryout bags to customers fo,free, and , some stores offer reusable bags for sale. Each year, Referendum onSB270. Under the State Constitution, rou0h1y 15 billion single-use plastic carryout bags a new state law can be Placed before voters as a are provided to customers in California (an average of referendum to determine whether tlie law can go into about 400 bags Per Californian). effect. A referendum on SD 270 qualified forthia Many Local Governments Restrict Single-Use Carryout ballot (Proposition 57). |f the referendum passes. Bags. Many cities arid counties in California have S8 270wi|! go into effect. If it does not pass. adopted local laws in recent years reytrictinQur SB 270wi!! be repealed. banningsing|e'use carryout bags. Theye local laws have been implemented due to concerns about how PR��U the use of such, bags can impact the environment. For PROPOSAL '- example, piaotic bags can contribute to litter and can Redirects Carryout Bag Revenue/n New State end upinwaterways. In addition, plastic bags can Environmental Fund. T his maasure specifies how be difficult to recycle because they can get tangled revenue could be used that resulted from any state in recycling machines. Most ofthese !oca| laws ban law that (I) prohibits giving certain carryout bags sinQ|e-use plastic carryout bags at grocery stores, away fo, free and (2) requires a minimum -charge convenience stores' pharmacies, arid liquor stores, for other types of carryout ba8s. Specifically, this Theya!uo usually requirethestoreto charge a- least measure requires that the resulting revenue be IO cents for the sale of anyoarryout bag. Stores are deposited in a new state fund theEnvironmental allowed to keep the reyu|t|ng revenue. As of June Protection and Enhancement Fund--furvariuus 2016, there were local oarryout ba8 laws in about environmental purposes rather than be retained by I50 cities and counties-----covering about 401 percent stores. The fund would be used to support grants of California's population-----mostly in areas within for programs and projects related to (l) drought coastal counties. miti8ation� (2) ,eoyo|in�� (3) clean drinking Statewide Carryout Bag Law. In 20I4. the Legis|oture water supplies; (4) state, regional, and local passed and the Governor signed aytatewideoarryout parks; (5) beach cleanup; (5) litter removal; and bag law, Senate Bill (S8) 270. Simi|arto many (7) wildlife habitat restoration, The measu,eu||ows local laws, SB 270 prohibits most grocery stores, a small portion of these funds to be used for grant convenience stores, large pharmacies, and liquor administration and biennial audits of the programs stores |n the state from providing single-use plastic receiving -funds. 100 1 Title and oxmmurr/Analysis CARRYOUT BAGS. CHARUS. munamuw |N|T I ADVES"JUTE, b5 ANALYSIS BY THE LEGISLATIVE ANALYST ouw//moEn Other Provisions. Additionally, the measure allows local would be kept by the stores and there would governments to require that money collected from not be afiyoa| impact on the state related to !oca| carryout bag |awsgoto -he new state fund rather Proposition 65. than allowing that revenue to be kept by stores. It a!so ° Fr�'oo��n 65Vn��ve/Receives 8�7ne Qo�s |no|udey a provision regarding the imp|ementation of ' 'this measure and any other canyout bag measu,eon 1n this situation, any revenue collected by this ballot. This provision could be interpreted by the stores from the sale of oar;/uut bags would oourty as preventing Proposition 57 (the referendum be transferred to the new state fund, with the on S8 270) from QuinG into effect, This provision increased state revenue used to support certain would only have an effect if both measures pass and environmental programs. 'this measure (Proposition 55) gets more "yes" votes. In addition, if only this measure passes and However, thiu ana|yaisaysumes �hat in this situation proposition 67 fall's (which means there would not the provisions of Prupositiun 67 not related to the use currently be a statewide |awtovvhiuh this measure of revenues—suchas the requirement to ban single- would apply), there could still be fiscal Impact use plastic carryout bags and charge for other bags-- ifastate canyout bag law was enacted in the would still be 'implemented. future. Figure I shows how this measure would be implemented differently depending on different voter �U��N �� deciy|uns. � "�� " " �� If the requirements of this measure (that there- is Visit sos.ca.gDKlVeasURe'CDn&OibVtions a state law pruh|bitinQQivinQcertain carryout bags for @ list 0f c00UDi�eeSprimarily fO[0Dedƒ0support u away for free and requiring minimm ohurQefo, other bags) are met, then there would be increased OrQppO3ethi30e8SUre.Vi3i1 fmm�ca.goy/ state revenue for certain environmental programs. tra80Ya -CUnbnib8bDsln0;-/6-gen-K2hhm/ This revenue could reach several| tensufmi|iions tQ access the committee's top 1Ocontributors. uf dollars annually. The actual amount of revenue could be highe, or lower based on several faotora, particularly future sales Figure 1 and Prices ofcarryout Implementation of Proposition 65 bags. At the preoentWould Be Affected by Outcome of Referendum tim�. there is no state law in effect that meetathiu Proposition 67 Proposition 67 meauure'srequirementy. As such, there would be Passes Fails no fisou| effect as long au that continued. As Statewide carryout bag law in effect. noted earlier, however, carryout bags depends on mlich Fruposition �7onthis Proposition 65 -s;t;on ge*s more vrt�s: No statewide carryout bag law. ballot would enact such (initiative) If more"Yes"votes for Revenue from-any---Wre stalew0e a state law. |fboth Passes referendum.revenue is ke.p I by law similar to SS 270 wo----lr'',)� stores. used for envirorli-riental programs. Proposition 67 and ffiis it more"Yes"votes+or initiative, measure "Proposition �5) revenue goes+0 State f0r_ pass, the impact onthe state would depend on which one receives the mostvutes: Proposition 65 Stal�-wid�-carryout bag law in effed No state,,vide calryout bag law. (initiative) and revenue frorn the sai�-of � Proposition 87 Fails calwout bags is kept by stores. (Referendum) Receives More Votes. In this situation, revenue collected Alternatively,a piovismn of Proposifion 65 could be,intercreted by the courrs las preventing Serve Bill-SB)270,fronn by the stores going into e**�ct at all. For the?xu//text o/Propoo/(/u:65, sec page 210. nueanuoummury/Ana|ysis | 101 nmnsmON CARRYOUT 8ACS. CHARCES. 'oft b5 !N�NT!VESTATUTE. * ARGUMENT |N FAVOR OF PROPOSITION 65 STOPTHE SWEETHEART BAG TAX DEAL HELP The big grocery store chains and retailers gave big THE ENVIRONMENT campaign contributions to !legislators over the past Proposition 65 is needed to STOP grocery stores seven years. from keeping all the money collected from And legislators reworded them with $300 million in carryout bag taxes as profit instead of helping -the new profits all on the backs -of shoppers. environment. Stop the sweetheart special interest deal . . . VOTE Grocery stoves stand to gain up to $300 million in YES ON PROP. 65. added profits each and. every year unless you vote A BETTER VW4YTO HELP THE ENVIRONMENT yes oil Prop. 65. You can do what -the legislators should have done Thatmnneyshou|d be dedicated 10 the environment dedicate these bag fees t ^ o real projects that protect not more profits for corporate grocery chains. the environment. Proposition 65 will STOP THE SWEETHEART DEAL proposition 65 dedicates the bag fees to VV|TH GROCERY STORES and dedicate ba� feest em | �n projects relief, beach worthy environmental causes. clean-up and !itte removal. ASVVEETHEART DEAL IN SACRAMENTO it put� th� CaiforniaVi|d|ifeCon�rvatinn Board in Who in their right mind would 'let grocery stores control of these funds, not grocery stiore executives, keep $300 million in bag fees paid by hardworking sn Californians will benefit, California shoppers just trying to make ends meet? PROTECT THE ENVIRONMENT. STOP THE 'The State Legislature! SWEETHEART DEAL AND HIDDEN BAG TAX. In a sweetheart. deal out together by special interest VOTE YES ON PROP, 65. lobbyists, �hm Le�is|��una voted to !let grocery stores' TH0MAS HUDS0N Executive Director keep bag fees os extra profit " � California Taxpayer Protection Committee The grocery stores vvi|| got �SOO million richer while � D��0�� 0#��D Executive Director shopners �et �3OO mi!|ion poorer. ` ~ � California Senior Advocates League SHAME ON THE LOBBYISTS AND LEGISLATORS * REBUTTAL TO ARGUMENT |N FAVOR OF PROPOSITION G5 'The San 'lose Mercuty News calls Proposition 65 But the plastic manufacturers behind Prop. 65 a "tricky strategy" and adds "Prop. 65 deserves are spending millions to persuade voters tn oppose consideration as one ofthe most disingenuous ballot Prop. 67. Confused? That's the plastic industry's measures in state histnry.^ plan! The out-of-state plastic manufacturers behind if you care about protecting wildlife arid standing up Prop. 65 don vv'1 care about protecting California's to the out-of-state plastic bag industry, Vote Yes on environment. Theyant to confuse you. Don't be Prop. 67 not this measure. fooled. if you care about reducing plastic pollution, litter and Bags aren't free; they cost your local grocer up to waste, Vote Prop. 67 not measure. l5 cents each. The out-of-state p!astic bag industry |fyou care about reducing taxpayer -costs for figures are bogus. Thestate's nonpartisan analysis cleaning up plastic litter', Vote Yes on Prop. 67. not �nqe�tnt total�a| revenue from Prop. 55 is in the this measure. range of "zero" to, at best, $80 million. MARK MURRAY, Executive DirectorRemembmr: there will be ,zmro" funding for the Californians Against Waste environmnntfrnm Prop. 65 unless voters approve Prop. 67to phase Out plastic bags. 102 1 svd/mveog��o��owmo�/��9o��/�oq' CARRYOUT BAGS. CHARGES. PROPOSITION INITIATIVESTATTE. 65 ARGUMENT AGAINST PROPOSITION 65 THE SOLE PURPOSE OF PROP. 65 IS TO CONFUSE TO ACTUALLY PROTECT OUR ENY|RONN1ENT, VOTERS VOTE YES ON67 Prop. 65 promises a lot but—'in ,ee|ity--wi|! deliver Theprionitv fb/Calih7n7/e's environrnent this election little for the environment. It was placed on the ballot is to noduce honnfu/plastic po0ution bvvoti«g yes on by four out-of-state plastic bag nompanien who keep Prop. 67 This will continue efforts to heo� wasteful interfering with California's efforts to reduce plastic plastic shopping bags out ofour parks, trees. �o!|u1ion. neighborhoods and treasured open spaces. 65 is without real nignificance, designed to distract Prop. 65 is not worth your vote. Make your voice from the issue at hand: phasing out plastic shopping hoard on the more important issues anU uphold hags. All 65 wnu|d do is direct funding from the California's vital plastic bag ben -further down the oe|o of paper begs (an option under the plastic bag ballot. ban) to new state fund� The mnneyfn, thisfund i MARK MURRAY, ExeoubveDirector ioa drop in the bucket and will ohrnkover time ao Californians Against Waste people adj ust to bringing rnusab|e bags. REBUTTAL TO ARGUMENT AGAINST PROPOSITION G5 'The opponents of ProP. 65 want to dismiss it as "of 'instead, they made grocery stores $300 million no real s|gn|ficonce" richer and shoppers $300 million poorer every year. YOU DECIDE: IS A $SOO MILLION MONEY GRAB A BETTER WAY TO PROTECT THE ENVIRONMENT. BY GROCERY STORES NOT 3!GN!F|CANT7 You can dn what the Legislature should have Without Prop. 65, not one penny ofthe $SOO million done--dedicate bag fees to projects that protect the customers will �,e required to pay if California's envirnnmen� ban on plastic bags goes |nto effect will help the Prop. 65 dedicates bag fees tn environmental environment. projects like drought re!iof, boach clean-up and litter All $300 million will 8otn grocery store profits. rem ova | THAT'S $300 MILLION EVERYYEAR| It puts the California Wildlife Conservation Board in VOTE YES ON 65—STOP THESWEETHEART contro| of these funds, not grocery Store executives, GIVEAWAY TO GROCERS. PROP, 65 WILL DED|CATE BAG FEES TO THE In a sweetheart deal put together by special interest ENVIRONMENT. lobbyists, the Legislature voted to BAN plastic bags it's simple and significant. and REQUIRE grocery stores keep bag feesan profit. join us--vote YES. Their "plastic bag ban" REQU|RES grocery stores to charge every consumer �ien a bag at ohe� o � no ��0W�� O��, Executive Director less than lO cents per bag. California Taxpayer Protection Committee O��0�� 0�0��D Executive Director They could have banned P|estio bags vvithouta fee or " dedicated fees to environmental projects, California Senior Advocates League They didn't. A.mwff"a»upinmd ovMis«aga are"he apil-ioftxof!he x"Nors�and hvva not beer,rhvd*d for accuracy kyaqvffiria/vgpnq, A,@cmox S | 103 PR0P00ON �� 07� �� mmn PENALTY. PROCEDURES. N�N�N��N�� m�mnmmnnmm� �nmnn�n�. fat) OFFICIAL TITLE AND SUMMARY pxEp«nen BY ms mmxwm uswmm * ChanRey procedures governing state court appeals States other vote approved measures reiated to and Petitions challenging death pona!tyuonvictions death penalty are void if-his measure receives and sentenoeo. moreaffirmatiwavotes, • Designates superior cuurtfor initial petitions and |imi-s successive petitions. SUMMARY OF LEGISLATIVE ANALYSTS ESTIMATE OF NET ° Establishes time frama for y�ate � uou� death STATE penalty review. * Unknown on8oingfisca| impact on state court costs w Requires appointed attorneys who take noncapita| for processing legal challenges to death sentences, appeals to accept death penalty appeals. = Near-term increases in ata�a court costs E»*mpts prison u�iuia|y from existinG naQu|atiun potentiu||y in the tens of millions of dollars process for dexe!opin8execuTion methods. annually-----due to an acceleration of spending to address newtime lines on legal challenges to death m Authorizes death row inmat* �ranafers among sentences. Savings of similar amounts in future California prisons. years. w Increases portion of condemned inmates' wa8es w Potentia| state prison savings 'that could be in the that may be applied tovictim restitution. tens of millions of dollars annua|!y ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND ~ DhrectAppeuls' Under current state law, death penalty verdicts are automatically appealed to the California Supreme Cuu� In theoe "direct Death Sentences � ~ appea|�'" the attorneys argue that First degree murder iy generally defined as the violations of state law orfedera| oonstitut|onal, unlawful killing of a human beinQthat (l) is law took place during the tria|, such as evidence deliberate and premeditated or (2) -akeu place improperly being included or excluded from while certain other crimes are uommitted, such as the trial. Theye direct appeals focus on the kidnapping. It is punishable by life sentence in records of the oourt proceedings that resu|ted state prison with the possibility of being released by in the defendant receiving death sentence. the state parole board after minimum of 25 years. If the California Supreme Court confirms the However, currentatata law makes first degree murder cunvictiun and death sentence, the defendant punishable by death o, life im prison ment without the can ask the U.S. Supreme Court to review the Possibility of parole when ^special circumstances" decision. of the crime have been charged and proven in court, Habeas Co4ouyPetitions. In addition to direct Existing state law identifies a number of special appeals, death penalty cases ordinarily involve ciroumytanceo that can be charged, such as in cases extensive legal challenges-----first in the California when the murder was carried out for financial gain Supreme Court and then |n federal courts. heye orwhen mure than one murder was committed. oha||engos, which are commonly referred toau In addition to first degree murder. state law also "habeas oorpus" petitions, involve -factors of the specifies a few other crimey, such as treason aQa|nst case that arediffe,entfrom those considered the state of California, that can also be punished in direct appeals. Examples ofsuch factors by death. Since the ourrent death pena!�y law was include c|aimsthat (I) the defendant's attorney enacted in California in 1.978 9�O individuals have ' was ineffeutiveor (2) if the jury had been aware received a death sentence. In recent" years, an average of additional information (such as bio|ogioa|, of about 20 individuals annually have received death psychological, or social faotorsfaoad by the sentences. defendant>, |twuu|d riot have sentenced the defendant tudeath. Legal Challenges to Death Sentences Attorneys Appointed bo Represent Condemned Inmates Two Ways d/ Challenge Death Sentences. Fo|!owinQ /o Legal Challenges. The California Supreme Court a death sentence, defendants car.. cha||engethe appoints attorneys to represent individuals who sentence in two ways: have been sentenced todeath butcanno- afford 104 1 Title and oxmmurr/Analysis DEATH PENAI-TY PROCEDURES i munamuw 11\111'ImAJ|VESIAJUTE. bb ANALYSIS BY THE LEGISLATIVE ANALYST ouwnmom ieQa| representation. These attorneys must meet procedures that result in increased security costs for qualifications established by the Judicial Council these inmates. For examp|e, inmates under a death (the governing arid po|ioymaking body of the judioia| sentanue8enera|!yare handcu�ed and escorted a� a|| branch). Some of these attorneys are employed by times by one or two officers while outside their cells. state agencies-----specifically, the Office of the State In additiun, unlike most inmates, condemned inmates Pubiio Defender or the Habeas Corpus Resource are currently required to be placed in separate cells, Center. The remainder private � Executions Currently Hafted by Courts.Thestate are paid by the California Supreme Court, Different uses lethal injection toexecutecondemned attorneys generally are appointed to represent inmates Huvvever, be�auseufdifferent |�Qa| issues 'individuals in direct appeals and habeas corpus � ' yurroundin� the state's lethal injection procedures, petitions� executions have not taken place since 2GO5. For State Incurs Legal Challenge Coots. he state pays axamp!e, the courts ruled that the state did not for the California Supreme Court to heartheua legal fo|!ovvthe administrative procedures specified in challenges and for attorne vs to represent condemned the Adminis-rativeProcedures Act when it revised |nmatey. The state also pays for the atturneyy its execution reQu|a-ions in 2010. These procedures employed by the state Department of justice who require state agencies to engage in certain activities seek to uphold death sentences while cases are being to provide the public with u meaningful opportunity to challenged in the courts. In tota|' the state currently participate in the process uf writing state regulations. spends about $55 million annually oil the |eQa! Draft lethal in]eotiun re�uiations have been developed challenges to death sentences. and are Currently undergoing public review. Legal Challenges Can Take oCouple of Decades. Of the 920 individuals who have received a death sentence ��N since l978. l5 have been executed. 103 have died PROPOSAL ��"~� Prior to being executed, 64 have had their sentences �h|s measuresee�sto shorten thetimethatthe legal! reduced by the courts. and 748 are in state prison challenges to death sentences take, Specifically, with death sentences. he vast majority ufthe it (l) requires that habeas corpus pet|tionshryt be 74800ndemned |nmatey are atvariouy stages of heard in the trial courts, (2) places time limits on the direotuppeu| or habeas corpus petition process. legal cha||en8estodeath sentences, (S) changes These legal challenges--meaoured from when the the process for appointing attorneys to represent individua| re�eives a death aenten�etovvhen the condemned inmates' and (4) makes various other individual has completed all state and federal legal changes. (There is another measure on this ballot— challenge proceed in8s--oan take couple of decades Proposition 62-- hat u|so relates to 'the death penalty. to complete in California due to various factors. For Proposition 62 would eliminate tile death penaityfur examp|e, condemned inmates can spend significant first degree murder.) amounts of time waiting forthe California Supreme Court to appoint attorneys to represent them. As Requires Habeas Corpus Petitions of April 20I6, 49 individuals were waiting for ~ attorneys to be appointed for 'their direct appeals First Be Heard in Trial Courts and 360 individuals were waiting for attomeysto �he measure requires that habeas corpus petitions be appointed for their habeas corpus petit|ons. In first be heard in trial courts instead of the California addition' condemned inmates can spend a significant Supreme Court. (Direct appeals Would continue to be amount of time waitinQ for their cases to be heard by heard in theCa|ifornia Supreme Court,) Specifically the courts. AsofApril 20I6, an estimated 337 direct these habeas Corpus petitions would be heard by tile appeals and 263 state habeascorpus petitions were judge who handled the original murder trial un!eas pendinQ in the California Supreme Court. goud cause is shown for anu�her�udge o� court to hear the petition. The measure requirestriu| courts Implementation of the Death Penalty to exp|uin in writing their decision on each petition, |d b appealed t th Courts fA | H:uo/K�o�Duo�mmnm�/nmah�o Condemned male which cuu be o e ouryo Appeal. inmates generally are requiredto be housed at Thedecisions made by tile Courts of Appeal could San Quentin State Prison Non death row}, while then be appealed to the California Supreme Court. condemnedfema|e inmates are housed at the Central The measure allows the Ca!ifornia SupremeCourtto California YVomen's Fuci|ity in Chuwchi||a. The transfer any habeas corpus petitions our,ent!y pending state currently has various security regulations and before ittothe �ria! courts. For the?xu//exlo/Propoo/(/u:66, sec page 212. Title and oummury/Ana|ysis 1 105 nmnom� DEATH PENALTY. PROCEDURES. bb |NI'll'ImAJ|VESIAJUTE. ANALYSIS BY THE LEGISLATIVE ANALYST nuwnmoEn Places Time Limits OO Court appoints attorneys fmm a list cfqua|ified Legal Challenges to Death ��Ut�U�� attorneys it maintains. Under the measure, certain ~ attorneys could u|so be appointed from the |istuof Re4u�eoConpxe�onoflN�ct Appeal and Habeas attorneys maintained by the Courts of Appeal for Corpus Petition Process Within Five Hmmos. The measure non-death penalty cases. Specifically, those attorneys requires that the direot uppeu| and the habeas corpus who (I) are qualified for appuintmenttuthe most petition process be completed within five years of serious non-death penalty appeals and (2) maetthe the death sentence. The measure also requires the qualifications adopted by the Judicial Council for �udicia| Couno|| to revise |ts rules to he|p ensure appointment to death penalty cases vvuu|d be required that direct appeals and habeas corpus petitions to accept appointment to direct appeals if they want are completed within this time frame. he five-year to remain on the Courts ofAppeu|'s appointment lists. requirement would app!yto new |eQai cho||enges, as well as those currently pending in court. For Makes Other Changes oha||en8es currently pending, the measure requires that they be completed within five years from when Habeas Corpus Resources Center Operations.The judicial Counui| adopts reviaed rules. If process measure eliminates the Habeas Corpus Resources takes more than five years' victims o, their attorneys Center's five-member board of directors and requires cou|d request a court ordertuaddresothede|ay the California Supreme Court to oversee the center. The measure also ,equi/esthatthecenter'sattorneyy &e4x/n�F��guf Habeas Qmtpompeb�unoW6dh/oOne be paid atthesam� ieve| asattorn�ysattheOfhceof Year ofA�onvay Appo/nbment The measure requires the State Pub!ic Defonder, as well as limits its !ogo| thatattorneysappointedto represent ' activities inmates in haboaycorpus petitions file the petition � with the trial courty within one year of their /nmabv Work and Payments to Victims of Crime appointment. The trial court generally would then Requirements. Current state !avvgenerally requires have one year to make decision un the petition. If that inmates work while they are in prison. State petition is not filed within this time per|od' the �ria! prison regulations a||uwforoume exoeptiony to these court must dismiss the petition unless it determines requirements, such as for inmates who pose too great that the defendant is |ike|y either innocent or not a seourity risk to participate in work programs. In eligible for the death sentence. addition, 'inmates may be required by the courts to make paymentsto victims ofcrime Up � poruent P�ceoD�er1indo�on� I ordertu he|pm�etthe � O of any mone; inmates receive is used to pa;theye above time framaa the measure places other ||mits ' debts Thiymeasurespeoifieuthateveryperaon under on |e8a| challenges to death sentences. For example, a sentence ofdeath Must work while in state priaon measure does nota!|ovvadditional habeas corpus ' the subieottostate regulations. Because the measure Petitions to be filed after the first petition is filed, except in those cases where the court h does not ohan8estate re8u|ations hinds ' existing defendant is likely either innocent or not eligible for praotices related to inmate work ,equiremenpriuontswould the death sentence. not necessarily bechanged. In addition, themeayure requires that 70 percent of any munoyoondemned inmates receive be used to pay any debts owed to Changes Process for Appointing Attorneys victims, The measure requires the Judicial Council and the Enforcement u/Death Sentence. The measure allows Ca|ifornia Supreme Cuurtto consider changing the the state to house condemned inmates in any prison. qualifications that attorneys representing condemned The measur� a|oo exemptothestate's �xeout|on inmates must meet. According to 'the measure' p,uceduresfrom the Administrative Procedures Act. these qualifications should (I) ensure competent In addition, the measure makes various changes representation and (2) expand the number of regarding the method of execution used by the attorneys that can repreuentoondemned inmates so state. For example, |egai challenges to -he method that legal oha!!en8eyTo death sentences are heard could only be heard |n the court that imposed the in a timely manner. The measurea|so requires trial death sentence. In addition, ifsuoh cha||en8eswere courts-----rather than the California Supreme Court--to successful, the measure requi,ey the trial courtto appoint attorneys for habeas corpus petitions. order valid method of execution. In cases where In addition, the measure changes how attorneys federal court orders prevent the state from using are appointed for direct appeals under certain 8iven method of execution, the state prisons would be ciroumytanceo, Currently, the California 8upreme required to deveiop a method of execution that meets 106 1 Title and oxmmurr/Analysis DEATH PENALTY.PROCEDURES, munamuw |NI'll'ImAJ|VESIAJUTE. bb ANALYSIS BY THE LEGISLATIVE ANALYST ouwnmom federal requirements within 90 days. Finally, the measure affects the cost of each |eQa| challenge,, measure exempts various health care Professionals the measure would accelerate the amount the state that assist with executions from certain state laws apends on |aQal challenges to death sentences. This is and disciplinary actions by licensing agencies, if because the state would incur annual cost increases those actions are imposed as result of in the ear term to process hundredaof pendin0 legal executions. challenges within the time limits specified in the measure. The state would save similar amounts in FISCA�U��N �� future years as some or all of these costs would have L otherwise occurred. over a much longer te,mabsent thiymeasue. Given thesiQnificant number of pending State COU[f Costs cases that Would need to be addressed, the actual Impact mn Cost Per iagC��0e»QaUnc�M�/n Thef|ooa| amountan � d duration uf these accelerated costs inthe impact of the measure on s-ate court ,e!a-ed costs of near term is unknown. It is possible, huwever, that such costs could be in the �ansof mi||ionaofdo|!ars each |eQa| challenge to a death sentence is uncertain. This is because the actual oost uou|d vary significantly annua||yfo, many years, dependinQon four keyfaotors: (l} thecump|exity of the legal! challenge sfiled, (2) how state courts State Prisons address existing and new ;legal challenges, (3) the Toth* e/-ent that the state changes the way it avui|abi|ityof attorneys to represent condemned houses condemned inmates, the meayurecould inmates, and (4) whatheradditiona| attorneys will be result in state priyun savings. Fo, examp|e. if male needed to process each legal challenge. inmates were transferred to other Prisons instead On the one hand, the measure could reduce the cost of being housed in single cells at Sun Quentin, it of each legal! challenge. For example, the requirement could reduce the cost of housin8and supervising that each challenge generally be oomp!eted in five these inmates. In addition, to the extent the measure years, as well as the limits on the number of habeas resulted in additional exeoutionsthat reduced the corpus petitions that can be filed, could result in number of condemned inmates, the state would also the filing offewer, shorter legal documenty. Such a experience additional savings. In tota|, such savings change could result in each |oQa| challenge taking ouu|d potentia||yreach the tens of millions ufdollars ieostime and state resources to process. annually. On the other hand, some of the measure's provisions cou|d |norease state costs for each legal ohai|enQe. Other Fiscal Effects For example, the additional layers of review r*qui,ed To the extent that the changes in this measure have for habeas corpus petition could result in additional an effect on the incidence of murder in California time and resources for the courts to process each or how often prosecutors seek the death penalty in legal challenge. In addition, there could be additional! murder trials, the measure could affect state and atto,neyouaty if the state determines that a new local, government expenditures. The resu!tingfiyco| attorney must be appointed when a habeayoorpua impact, 'if any, is unknown and cannot be estimated. petition ruling by the trial courts is appealed to the Courts ofAppeal. Visit sos.ca.gDKlVeasURe'CDn&OibVtions In view of the above, the ongoing annual fisoal for @ list 0f committees primarily formedƒ0support impact of the measure on state costs related to legal Or oppose this measure.Visit p://Www. '' m� � fm � goy/ challenges to death sentences is unknown. bonmYa -noobtbubxcmno;-/6-usn-u2hbn/ Near-Term Annual Cost Increases From Accelerated to access the committee's top 1Ocontributors. Spending on Existing Cmo*o' Regard!eas of how the ------------------------------------ Fx the?xu//exlo/Propoo/(/u:66, sec page 2112. Title and oummury/Ana|ysis 1 107 PR»mxm»w DEATH PENALTY PROCEDURES. 66 |N|TIAOVESD0UTE- * ARGUMENT |N FAVOR OF PROPOSITION 66 California's elected law enforcement !eoders/ police 6.The State Corrections Department (Prisons) will reform cfficers, frontline prosecutors, and 1he families of murde/ death rowh m ousin8� 1akin� away special privi|�g�s� m victims ask you to REFORM the California deeffi pena|ty -heae brutal killers arid savin8mi|liono. system by voting YES ON PROPOSITION 65! ther, these reforms will save California taxpayers over We agree California's current deeffi penalty system is ;3O,000.000 annually, according to former California broken. The most he|nous criminals sit on �eaLh row for F|nunue Director K3i�e �eneat. wh||e makinQourdeath 30yeurs. wiLh endless appeals delaying justice and costing penalty sys em work again. �axpayer� hund'edsofmi!|ions� VYE N��C � FUN�T|UN|NG DEA�H PENALTYSYSTEK� IN |t does not need 1obe this way. CALIFORNIA The solution is to MEND' NOT END' (California's death pena|ty. Death sentences are issued rarely and judicious!y' and only The solution is YES on PROPOS|T|ON 65� a�ainstthe veryworst murderers. Proposition 66 was written to s' d up the death penalty Tb be e;iQib!e for the death penaby in California, you havetu appeals system while ensuring het no innocent person |s be guilty uffirst-degree murder with "special circumstances." everexecu-ed. Theaespecial circumstances include, in part: Proposition 66 means the worst /i the worst ki||ers receive ° Murderers who naped11ortured their victims. the strongest sentence. * Child killers. Prop. 66 brings closure to ihefami|ies :fviutima� ^ Mu|tip|e murderers/serial killers. Proposition 6G protects puNic bruta| killers * K8undeocommiLted by terrorists; as pa� of a hate-crime; have nu chance of ever being in SOCIelly again. :r killing a police officer. Pmp]66 saves taxpayers money, because heinous Theeane needy 2.000 murders in Ce|ifomiaannuaUy. Only urim|na!aw||! no longer be sitting on death row at taxpayer about 15 death pena!tysen�encesare imposed. expense for 3O+ yeuo. But when these horrible crimes occur, and ujury PrODOSition 66 was writtenby frontline death penalty unanimouslyb findsacriminaau | d SeDarately, prosecutors ^ who know inside d out. 1-hev know unanimdeath,ouu|y recommends d �h. the appeals should be how the is broken,broken, and -hey know how Lofix iL' It may heard within five years, and the killer executed. sound c:mp|ivated, but the reforms are actually quite simple. Help us protect Ca|ifomiu, provide closure to victims, and HERE'S WHAT PROPOSITION 66 DUES: save taxpayers millions. l.A|! state appeals should be limited to 5 years. Visit www.Nopyop62yeapyop66cuxnfor more information. 2.Eve,y murderer sentenced to death will have their special Then join law enfurcemen� and families of victims and vote appeals lawyer assigned immedieLe|y. Currently, it call be �ES ON pROPOS|�|ON 66! five years o, more befo,e they are even assigned a lawyer. JAOK|E LACEY, District Attorney of Los Angeles CounLy 3 �he pool of avai�ab!e lawyers handle appea�swi||� be expanded. NERKM!TALEXANDER' Family Member of Multiple Homicide � Victims 4 �hei'ia� courts handled the penalty and � GHAV�N ��ELCH President knmw1hem best will! deal wiLh Lh� initiu| uppee|s ' � Cuntna Costa County Deputy Sheriffs Association 5.The8Late Supreme Court will be empowered touversee the system and ensure appeals are Expedited while pntec1inRthe rights cfthe accused. REBUTTAL TO ARGUMENT |N FAVOR OF PROPOSITION 66 Pmp� 9-6isapooMy'wriiLenandCOSTLYEXPER!MENT Prop. 66iaa perfect example of SPECIAL INTEREST thatwou|d |NCREASE CAL|FURN|/YS RISK �F GROUPS abusing Dower push|n8an agenda while EXECUTING AN INNOCENT PERSON, add new lavers of daiminQ-oseek reform Look who's behind Plop. 66: the QovemmenL bureaucracy and create Even more legal! delays priuon 8uunds' union which has an interest in funneling in deeffi pena|tycases. more money into the prison system and opportunistic "Read the measure for yourself: According t: the uLaie's politicians using the initiative to advance their careers. |ysOfceis m Tnonpartiuen Legislative Analyst Office. 'his u VTEN\ cost taxpayers TENS of MILLIONS of DOLLARS. CONFUSING initiative that will only add MORE DELAY and Prop, 66 is not real reform. Here's what EXPERTS SAY MORECOSTS to California's death penalty. P'op� 9-6 WOULD ACTUALLY DO: Remember, MORE THAN 150 |NNOCENT PEOPLE HAVE ° INCREASE the chance that California executes an BEEN SENTENCED TO DEATH' and some have been innocent person executed because of poodywritten laws like this. w |NCREASE �AXPAfER FUNDED legal delenye for death Ca|ifom|enudeuerve real reform. Prop. 66 is not the row inmates www.yV0onCAFfop66.o�g w REQUIRE the state to hireand Pay for hundreds ui new 0|LGARCETT| District Attome lawyers ` � Los A»8e|esCounty, l992-2000 LEAD TO CONSTRUCTION of new TAXPAYER .-FUNDED DEATH ROW facilities JUDGE LA000|SCOROELL, (Retired) � CLOG county courts, forcing death pena!iy cases on Santa Clara County Superior (Court inexperiencedjud8ey HELEN HUTCH|SON, President w Lead Lo EXPENSIVE L|T|GAT|UN by lawyers who will League of Women Voters of California challenge Series ofcunfusin0 proviaiony 108 1 Ar@umoxu Aogt1seg,'Spxvado»111 iSvggoarp!he opif�ioo;/xhosLit hors,arid have Pat'Ve � �� cA � w o�� omory/yan9officia/agoq' DEATH PENALTY. PROCEDURES. m»POSm»w |N|TIATIVESTATUTE- 66- ARGUMENTAGA|NSTPROPOS|T|ON66 Pmp. 66 WASTES TENS OF MILLIONS OF TAXPAYER People 'like Cameron Willingham and Carlos De Luna, both DOLLARS. executed in. Texas. Evidence shows MORE THAN 150) INNOCENT PEOPLE Experts now say they were innocent. HAVE BEEN SENTENCED TODEATH. and y:me have been Prop. 66will: executed because Of poorly written |aws like this n LIMIT the ability presenL new evidence of innocence Frop. 66 isso confusing and poorly written that wedon't i» court. know all of its consequences. We du know this: it will n LEAVE people who can't afford o good attorney add more lavers of government bureauoracy causing more vulnerable to mistakes. de|uyu, cost taxpayers money, and increase CuMorn|a's risk * CLOG |uce| courts by moving death pena|h/ cases there, Of executin8an innoceni pe/sun� adding new |ayeraui bureaucracy and placing high Experts agree: Prop. 66 is DEEPLY FLAWED. profile cases in the hands of inexperienced iudQesand PROP 66 COULD ;INCREASE TAXPAYER COSTS BY attorneys. This would lead to costly mistakes. MILLIONS. ''|fsomeone's executed and later found innocent, we can't Acco' in8to nonpartisan ano|yais. Prop. 6� cou|d cost 8o back." � S d � �V �aC�xa ve�ecV.T|AT|A CONFUSING AND POORLY VRTEN |N| VE "tens of millions of dollars annua||y^ with ' unknown' costs beyond that. Read the LA0's report posted at THAT WILL ONLY CAUSE MORE DELAY. www,NuGnC,Af�,op66.o(g/uost. Prop. 66 is a misguided experiment that asks taxpayers Experts say Prop. 66 will: to increase the costs of our justice and prison systems by • INCREASE PRISON SPENDING while schools, social MILLIONS to enact poor!y-writLen reforms that would put serv|ces, and other priorities suffer. California at risk. w INCREASE TAXPAYER-.FUNDED legal defense for death SFlNe ^Combin8thmu8h 'the inidahve's row inmu1es' requiring the state 10 hire as many as 400 16 pages is like looking,through the first draft of an newtazpeyer-funded aLtumeyu. undergraduate paper. 1 11hewondin8 is vague, unfocused and • LEAD T0 CONSTRUCTION of new TAXPAYER-FUNDED feels tossed oK.'' DEATH ROW facilities. This initiative authorizes the state Instead ofaddinQ new layers of government bureaucracy to house death row inmates in new prisony, anywhere in and incneasin0u�sts. we deserve real reform ci our justice Ca|ilornia system. Pmp. 66 is not the answer. • Lead to EXPENSIVE LITIGATION by lawyers who will "Instead of reckless. costly changes to our prison uystem, challenge a series of poorly written provisions. we need smart inve/tmentsthei. are proven to reduce crime "Pro p. 66 is so flawedthat it's impossible to know for sure arid serve victims-^-----Dionne W&aoilmicOwofpo�ceofficer all the hidden costs it will inflict on California taxpayers!------ 1(8Ied in /he floe of duty. JbhnKande Kamp, fonnerAttxneyGeneolufCofif,)n,ia. ~^ PROP 66 WOULD INCREASE CALIFORNIA'S RISK OF JEANNE WOODFORD— Warden EXECUT|NGAN INNOCENT PERSON. California's Death Row prison, I998-2004 Instead of making sure eve'�`'~�~~a fair tria| with all the FRAMC|SCO [AQRULLOJR'' Innocent man wrongfully convicted |n Los Angeles County evidencepresented, thismeauune REMOVES |KOPORTANT LEGAL SFE��AROSandcou|deasi|y |ead �ofoLo| mi��ake� HON. AMTUN|OR. YULLAQA|GOSA Mayor � � Cityof Los Ange|es 2OO5-2OI\ This measure is modeled after laws l/om states like ' ~ Texas, where authorities have executed innocent people. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * REBUTTAL TO ARGUMENT AGAINST PROPOSITION 66 * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Pmpostion 66 was carefully written by California's leading By reforming the system, ProposiLion 66 will save taxpayers criminal prosecutors, the Criminal Justice Legal Foundation over$3O million e year, according to former- 'California and other top legal experts—people who know from Finance Director Mike Genest. |nu1ead of dragging on for expe'iencewhat'y needed to MEND. NOT END oursiate's decades and costing millions, death row killers will have broken death pena|tysyy1em. five to 1en years to have their appeals heard. ample time to The anti-death penalty extremists opposing Proposition 66 ensure jusLice is evenly applied while Rue,enteein8that no know ii fixes the syyiem. and will say anything todefeat it. innocent person iy Wrongly execuied. Don't be fooled. Ensure justice by voting "YES" on Proposition 66-- o Proposition 66 reforms the death penalty so the system MEND, NOT END the death penalty. is fair 10 both defendants and thefemi|iesofvictims. Learn more at wwLv.NbPnor,,62HesPn.or,,-)6cun�. 'Defendants now wait five years just io be assigned o lawyer 'de|ayingjustice ANNE K�AR!E SOHUBERT, District Attorney of Sacramento closure for the` hurting families. Proposition and preventing 66 fixes this by County uteam|in|ngihe process to ensure miusLiueiorall. SANDY FRIEND, Mother of Murder Victim Under the Current system, California's most brutal killers— OHUDKALEXAWDER, President serial ki||ery, mass murde,ery. child ki||ery, and murderers Ca|iiornia Correctional Peace Officers Association who rape and tortue their vicLimu--|inReron death row until Lheydieof o|d age, with Laxpayery pay�gfor�heir meals, hea|thcure, privi|e8ey and end|ess legal appeals. PR0P000N �� N��N �-�� N��U� �� m�� m ��mn� ��. REFERENDUM. �n^��mm. fmar 7 OFFICIAL TITLE AND SUMMARY pxEp«nen BY ms mmxwm uswmm A ''Yes" vote approves, and a "No" vote neJectu, a SUMMARY OF LEGISLATIVE ANALYSTS ESTIMATE OF NET statute that STATE AND LOCAL GOVERNMENT FISCAL |MPADT- • Prohibits grocery and certain other retail stores * Relatively small fiscal effeots on state arid local f/om providing single-use plastic or paper carryout, governments. Minor increase of less than a bags to Customers at point ofsale. million dollars annually for state- administrative w Permits sale of recycled paper bags and reusable costs, offset by fees. Possible minor yav|n8sto bags to customers, at a minimum price of IO cents |ooa| governments from reduced litter and waste per bag. management costs. ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND customers for any other oar;mut bag provided at checkout, Carryout Bag Usage. Stores typically provide their customers with bags to carry out the items they buy. ��U Qnotypeof bo8common|y provided iathe '^sin8|e- " "~�° ��"~� use plastic carryout baQ'" which refers to a thin Underthe State Conutitution, a new state !aw can be piaobc baQ used at checkout that is not 'intended for placed before voters aya referendum to determine continued reuse. In contrast, "reusable plastic bags" whether the law can go into effect. This proposition are thicker and sturdier so that they can be reused is referendum on SB 270. Be|ow\ we describe what many times. Many stores also provide sinQ!e-use a ^ *s" and "no" vote would mean for this measure, paper bags. Stores frequently pruvidesinQie-use paper its"major provisions, and how this measure could be and p|ustio carryout bags to customers fo,free, and affected by another propusition on this ballot, uomostores offer reusable bags for sale. Each year, mu0h1y 15 billion single-use plastic carryout bags " " What a Y8s'' and "No" Vote M8@D are provided to customers in Caiifomia (an average of about 400 bags per Californian). "9bx"yo�/ Upho� l��8�� Certain stores would be &�/nyLocal Gowe/omeobvRestrict Single-Use Carryout prohibited from providing single-use plastic carryout bags an Qenera||yrequired tooharQeat ieast Bags. KXany �itieyand counties in Ca|ifornia have adopted local laws in recent years reytrictinQur IO cents for other carryout bags. These requirements banningsing|e'use carryout bags. Theye local laws wou|d oPP!y only to cities and counties that did nu- have been implemented due to concerns about how already have their own sin8|e'usecarryout bag |awyas ufthe fa|| of 20I4 the use ofsuch, bags can impactthe environment. For example, plastic bags contribute to litter and can 'No"Vote Rejects SB 270, A store could continue to end up in waterways. In addition, plastic bags can provide single-use plastic canyout bagu and other be difficult to recycle because they can get tangled bags free ofcharge unless it is covered by local !avv in recycling machines. Most of these !oca| laws ban that restricts the use of such bags. sinQ|e-use plastic carryout bags at grocery stores, convenience stores' pharmacies, arid liquor stores, M8|D Provisions 0fMeasure Theya!uo usua||yrequirethestoreto charge least IO cents for the sale ofany carryout bag. Stores are pmoh/hdySingla-Us*p8px�oCao]mu/fagm This allowed to keep the resulting revenue. As of June measure prohibits most 8rooerystores, convenience 2016, there were local oarryout ba8 |aws in about ytorey' |ar�e pharmaoieo, and liquor stores in the I50 cities and countie�—'coverinQabout 4O percent statef/om providing single-use plastic carryout bags. of California's population-----mostly in areas within This provision does not apply to plastic bags used coastai counties. for certain purpoyey--suuh as baQsfor unwrapped Passage of Statewide Can}mu/fagLaw. In 2O14. produce. the Legislature passed and the Governor signed a Creates New Standards for Reusable Plastic Carryout statewide carryout bag law, Senate Bill! (8B) 270, Bags. Th|u measure also creates new standards Asdesc,ibed in more detail below, the law prohibits forthe material content and durability ufreusable certain stores from providin8ying|e'uae plastic plastic carryout ba8s. TheCa|iforniu Department of carryout bags. It also requires these stores to charge Resources Recovery and Reoyc|ing (Ca|Recyc!o) would be reyponaib|e for ensuring that bag manufacturers 110 1 Title and oxmmurr/Analysis BAN ON SINGLE-USE PLASTIC BAGS. munamuw REBKENDUM. b7 ANALYSIS BY THE LEGISLATIVE ANALYST ouwnmom meet these requirements, The meayuealso defines both meaoures pass and Proposition 658*� morestandards for other types of carryout bags. "yes" votes. However, this analysis assumes that the Requires Cha�e�rU�erCarryout Bags. Thismeasure other provisions ofS8 270 not ro!ated to the use of generally requires a store to charge at least lO cents revenues-----such as the requirement to ban single-use for any carryout bag that it provides to consumers plastic carryout bags and charge for other baQy-- at checkout. This charge would not apply to bags would sti|| be implemented. used for certain purposes-----such as baQa used for prescription medicines. In addition. certain low- FISCAL EFFECTS |noume customerswould not have to pay this charge. Fi scal Under the measure, stores wou|d retain the revenue from -he uo|e of the bags. T hey could use the would have ,e|afive|ysmo|| fiscal effects on s-ate i and local �overnmnta� Specifically, the meauureproceedutouo:arthecoata of providnQoarryouaQs, cational would result in a minor increaoeof |essthan a m i||iuncompiyinQwith the measure, and edu toencou,aQethe use of reusable bu�s� dollars annually in state costs for Ca|Recyc|etu enuuretha- bag manufacturers meet the .new reusable plastic bags requirements Theae costs would be Another Proposition 0M This Ballot Could Affect offset by fees charged to 'makers of these bags. The Implementation of This Measure measure could a|so result in other fiscal effects--such This ballot includes another meaaure-- as minor savings to local governments from reduced .Proposition 65--thatcuu|d direct revenue from |itterc|eanup and waste management costs. carryout bag sales tothe state if approved byvoters. Visit^^r''~^~~'S&�C�g0K�Veas8Te-cD08OKu80Ss Specifically, Proposition 55 requires that revenue co||euted from a state |avvto ban certain bags and fD[� |i��OftO00|��pd0��|�fD[0�dt8SUppU�� charefeey for otherbaQ B �s (|ike � 27Udoes} wou|d U[0pp8DBthi�08@SU[8.Vi� hnncC�go&/ have-to be sent to a newstatefundto support various y-/8-@en-v2.htm environmental programs. t0 access the committee's top 1Ocontributors. If both measures pass, the use of the revenues Figure 1 from carryout bag sales would depend onwhich Implementation of Referendum Would measure receives more Be Affected by Outcome of Proposition 65 votes. Figure I showy how the maior provisions of SB 270 wou|d be Proposition 6-1 Proposition 67 implemented differently Passes Fails depending on different voter decisions on the two Statewide carwout bag law in effect. measures, Specifically, if Proposition 67 (this carryout bags depends on which nefeendum on SIB 270) Proposition 65 proipr)sition gets more votes: No statewide carrY(Alt Dag law. I (initiative) if more"Yes"votes for Revenue from ally fUtWe stal�'wid�' gets more ''yes" xoteu, the Passes referenriur-n,vevenUe i�kept by !a,-similar to SS 270 would revenue would be kept stores dfied more"Yes"vr-'es+or initiative, pu,poses� Howeve� ifrevenue-.-,as to state for Pmposition 55 (iniflative) gets more "yes" votes, the revenue would be Used for envimnmenta| (initiative) and tevemit,frorn the sale of programs. We note tha- camiout bags is kept by stores. Pmpouit|on 65 inu!udas Fails a provision that could be interpreted bythe courts as preventing SD 270 from Qui»Q going --r.etect at all. into effect at all should F-x the?xux text o/Propoomu:67, sec page 218. Title and oummury/Analysis | 111 m«m»ITI«w BAN ON8|MGLE-USE PLASTIC 8ACC. b7REFERENDUM. ARGUMENT |N FAVOR OF PROPOSITION 67 YES on 67 to REDUCE LITTER, PROTECT OUR it will befuUy implemented statewideonce voters OCEAN and WILDLIFE, and REDUCE CLEAN-UP approve Prop. 67 COSTS. Many |000| communities are already phasing out Sing|e-use plastic shopping bags create some of the plastic bags. In faot, nearly I50 local cities and most visible litter that blows into our parks, trees counties have hanned single-use plastic bags. These and nei8hhn,hoods' and washes into our, rivers, lakes laws have already been asucoess; somecommunities and ocean. A YES vote will help keep discarded have seen o near|y9O peroent reduction in single-use plastic bags Out ofOur mountains, va||eys, beaches ba8�, aswe|! �sstron� Support from consumers. and communities, and kempthem beautiful. The !avv OUT-OF-STATE PLASTIC BAG COMPANIES ARE also will sowa our state and |nco| communities tens of OPPOSING CALIFORNIA'S PROGRESS. millions of dollars in litter clean-up costs. Opposition to this |avv is funded by four large out- PLASTIC BAGS AREA DEADLY THREAT TO ntstatm plastic bag companies. They don't want WILDLIFE. California to take leadership on piastic bag waste, "Plastic bags hann wildlife every day. Sea h/rtles and are trying to defeat this measure to protect their sea otters, saa�� fish and birds are tangled by profits. plastic bags; sortie rn/s&sAe bags for food. 00 Don't believe their false o!aims. We should give hhe/rston7acbs wibh, plastics and die Of starvation. California's plastic bag law chance to worh. YES on 67 /sa oon7nnon-senseso/ution &roeobce mspecia|!yvvi�h so much sunc�ss a!rmady at the |nce| plastic /n our ocean, lakes and streonna and level, pno/eofw�oY/e.'�-�u�ePackard, Execu�meD�eo1o� YES on 67to PROTECT CALIFORNIA'S PLASTIC �Nontercy Bay/4quarium BAG LITTER REDUCTION LAW. YES nn67 CONTINUES CALIFORNIA'S SUCCESS JULNE PA0KARD Executive Director IN PHASING OUT PLAST|CBAGS. ` yNontereyBay Aqua,ium AYES vote will keep in place a |avv passed by the Legislature and signed by the Governor that will J0�� LAIRD, Chairpersnn California Ocean Protection Council stop the distribution of wasteful single-use plastic shopping bags. This law has strong support from SC0TT SK0UTHLNNE, Director organizations that are committed to Proteoting the California Department of Resources Recycling and ocean, wildlife, consumers, and small businesses. Recovery * REBUTTAL TO ARGUMENT |NFAVOR OF PROPOSITION 67--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- VVEALLVVANTTOPROTECTTHEENY!RONMENT, DON'TBEFOULED� NOTONEPENNYOF THE BAG BUT PROF! 67 IS A FRAUD. BAN TAX GOES TO THE ENVIRONMENT. It is a $300 million per year HIDDEN BAG TAX on The Leg!s|ature could have dedicated the new California consumers who vvi|| be forced to pay tax revenue to protect the environment, hut their minimum IO cents for every paper and think plastic Qoe| wasn't to protect the environment . . . IT grocery bag they are given at checkout. WAS ABOUT GROWING PROFITS FOR GROCERY AND NOT ONE PENNY WILL GOTOTHE STORES AND LABOR UNIONS. ENVIRONMENT. The measure SPECIFICALLY REQUIRES GROCERS Instead, the Legislature gave all $300 million in new TO KEEP ALL OF THE NEW TAX AS PROFIT! hag tax revenue tngrncn,sas extra profit. STOP THE SWEETHEART DEAL AND HIDDEN BAG o THAT'S $3OO MILLION EVERY YEAR! TAX. STOP THE SPECIAL-. INTEREST SWEETHEART VOTE NO ON PROP. 67, DEAL. D0R0THY R0THR0CK, Preeidont In a sweetheart deal brokered by special interest California Manufacturers 8' Technology Association lobbyists, Proposition 67 will grow profits for grocery THOyNAS HUDSON, Executive Director stores byupto $300 million ayeac Ca|ifnrniaT�xpayer Protection Cnmmi�tee Big grocery store chains get to keep ALL -of the new Taxpayer H0WARO, Executive Director tax revenue. California SeniorAdvooatos League Grocers will grow $SOO million richer every year on the backs ofoonsume,s. 112 1 Ar@umoxu ;/xhpsuth*s,svd/mveog�ei��o��owmo�/��9o��/�oq' BAN ON SINGLE-USE PLASTIC' BAGS. mOT« IT-10Iw REFERENDUM. b7- ARGUMENT AGAINST PROPOSITION DON'T BE FOOLED BY PROP. 67. NOT ONE PENNY UF THE BAG TAX GOES TOHELP |t |so $30O million per year HIDDEN TAX INCREASE THE ENVIRONMENT on Ca!ifornia consumers who will be forced to pay The Legislature could have dedicated *the new tax minimum lO cents for every paper and thick plastic revenue to protect the environment, but it did not. grocery bag *they are given at the checkout. instead, it REQUIRED grocery stores to keep the new And not one �onny8oestotheenvironment. bag tax revenue. Instead, the Legislature cave all $3O0 million innmw STOP THE SPECIAL INTEREST BAG TAX DEAL tax revenue to grocers an extra profit. Prop. 67 in a deal cooked up by special interest Stop the sweetheart special interest deal . . . VOTE lobbyists in Sacramento tngrow profits for grocery NOONPROP. 67 stores. STOP THE BAG TAX The Legislature passed SB 270and hi-Iden in the Prop. 67 bans the use of plastic retail bags and fine print is a NEW BAG TAX oil consumers--a REQUIRES grocers tn charge and keep e minimum minimum IO cents on every paper and thick plastic IO cent tax nn every paper or thicker plastic reusable reusable bag provided to shoppers--a|| dedicated to bag provided atcheckout. QronerProfito. Connumern will nay $3OOmi|!innmnre every year STOP THE SWEETHEART DEAL AND HIDDEN BAG just to use shopping bags grocery stores used to TAX provide for free. VOTE NOON PROP. 57. TAX REVENUE GOES TOGROCERS SPECIAL 'INTERESTS O0ROTHYR0THR0CK, President California Manufacturers & 'Technology Association Proposition 67 will grow profits for grocery stores by TH0yWAS HUOSON, Executive Director LIP to $300 million ayeer. California Taxpayer Protection Committee Bi8grncn,ystorechoins ��ttn keep all ofthet�x OEB0RAH H0WARD, Executive Divactor revenue. California Senior Advocates League Grocers will grow $300 million richer on the backs of consumers. REBUTTALTO ARGUMENT AGAINST PROPOSITION 67--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- AYESvoteon 67 confirms that California can move cornn7unitu vve have a ban onsinole-use plastic bags forward with its ban on plastic grocery bags. It's that that is working well. Ourcuab7nne/n are b their simp|e. omm ��b� bags, and a� ha�y � do �e� � pa Don't be fnn|ed by the deceptive campai�n waged to reduce unneeded plastic litter. c � It's fbrsa7a8 by p|aetic bag corporations from Texas and South businesses andconsunnens.'�—Roberto C)oZ Caro!ina, who claim *they are looking out for Our La F>otena Produce environment. Phasing out single-use Plastic begs "Californians are smarter than the plastic bag brings major benefits to California. n,skec� espec/o8ythoae 1�on7 out-ofstate., seen, to These bags kill vviid|ife, Pollute our oceans, ruin think.''--Sao/an7en/o Bee Editorial Boand, recycling machines, and cause !itterthet isexpenoive Vote YES on 67 to protect California's success in to clean up. Phasing out p!astio bacy litter and waste. Many local communities across California have O0L0RES HUERTA, Co-Founder already phased out plastic grocery bags, and aYES United Farm Workers votevvou|d continue this progress. "Don't m;buy the /ndkvsp/n/ . . . shoppers can SAN1LUCCARO0, Mayor City of San Jose avoid the 20'oent fee on paper orneUmab/e plastic ^ Y�� L�E��0 Commissinner bx�s��r;r/vbyb their " --�' ` - ''''�'''� � Times editorial' board California Coastal Commission ')4cnossCalifonn/a, small local grocery stores like ours sup7o/ƒo YES vote on Prop. 67 It, our local Amwrna»upinmdov this«aga are the apil-i0itxof and hvvav:rbemrhvd*d fora;cuwcykvar�vvffiria/vj�ptiq, A,@cmo.MS 1 113 OVERVIEW OF STATE BOND DEBT PREPARED BY THE LEGISLATIVE ANALYST This section describes the state's In other cases, certain revenue bonds are bond debt. It also discusses how paid using the state General Fund. Under Proposition 51---------Lhe $9 billion school current law, state revenue bonds do not that ate bond require voter approval. (We note t bond proposal—would affects`, I costs. Proposition 53, described earlier in this voter guide, would require state revenue Background bonds -totaling more than $2 billion for a single state project to receive statewide What Are Bonds? Bonds are a way that voter approval.) governments and companies borrow money. The state government uses What Are the Costs of Bond Financing? bonds primarily to pay for the planning, After selling bonds, the state makes i i construction, and renovation of annual payments until the bonds are paid infrastructure projects such as bridges, off. The annual cost of repaying bonds dams, prisons, parks, schools, and depends primarily on the interest rate office buildings. The state sells bonds to and the time period over which the bonds investors to receive "Up-front" funding have to be repaid. The state often makes bond payments over a 30-year period for these projects and then repays the investors, with interest, over a period of (similar to many homeowners making time. payments on their mortgages). Assuming an interest rate of 5 percent, for each Why Are Bonds Used?One reason for $1 borrowed the state would pay close issuing bonds is that the large costs of to $2 over a typical 30-year repayment infrastructure projects can be difficult period. Of that $2 amount, $1 Would go to pay for all at once. Additionally, toward repaying the amount borrowed infrastructure typically provides services (the principal) and close to $1 for over many years. Thus, it is reasonable interest. However, because the repayment for people, both currently and in the fors each bond is spread over the entire future, to help pay for these projects. 3 -year period, the cost after adjusting inflation i What Are the Main Types of Bonds?T he for inflation is much less—about $1.30 for each $1 borrowed, two main types of bonds used by the state are general obligation bonds and Infrastructure Bonds revenue bonds. The state repays general obligation bonds using the state General and the State Budget Fund. The G eneral Fund is the states Amountof General Fund Debt. The state main operating account, which it uses to tbou $85 billion of General pay for education, prisons, health care, has a 1 and other services. The General Fund Fund-supported infrastructure bonds outstanding that is, bonds on which is Supported primarily by income and sales tax revenues. Under the Cali forn it is making principal and interest ia paymeni-s. In addition, the voters and Constitution, state general obligation bonds must be approved by voters. the Legislature have approved about $31 billion of General Fund-supported In contrast, the state repays revenue bonds that have not vet been sold. Most of these bonds are expected to be sold in bonds -typically using revenue from the -fees or other charges paid by the users the coming years as additional projects of the project (such as from bridge tolls). need funding. In 2015-16, the General 114 1 Overview of Siate EBond Debt OVERVIEW OF STATE BOND DEBT CONTINUED Fund's infrastructure bond repayments This Election's Impact on the Debt-Service totaled close to $6 billion. Ratio (DSR). One indicator of the state's debt situation is its DSR. This ratio This Election's Impact on Debt Payments. indicates the portion of the state's annual The school bond proposal on this ballot General Fund revenues that must be (Proposition 51) would allow the state to set aside for debt-service payments on borrow an additional $9 billion by selling infrastructure bonds and, therefore, are general obligation bonds to investors. not available for other state programs. The amount needed to pay the principal As shown in Figure 1, the DSR is now and interest on these bonds, also known about 5 percent of annual General Fund as the debt service, would depend on revenues. If voters do not approve the the specific details of the bond sales. proposed school bond on this ballot, We assume an interest rate of 5 percent, we project that the state's debt service that the bonds would be issued over on already authorized bonds will likely a five-year period, and that the bonds remain at about 5 percent over the next would be repaid over 30 years. Based several years, and decline thereafter. on these assumptions, the estimated If voters approve the proposed school average annual General Fund cost would bond on this ballot, we project it would be about $500 million, about 8 percent increase the DSR by about one-third of more than the state currently spends a percentage point compared to what it from the General Fund for debt service. would otherwise have been. The state's We estimate that the measure would future DSR would be higher than those require total debt-service payments of shown in the figure if the state and voters about $17.6 billion over the 35-year approve additional bonds in the future. period during which the bonds would be paid off. Figure 1 General Fund Debt-Service Ratio Percent of General Fund Revenues Spent on Debt Service 7% Proposed School Bonds 6 Authorized, but Unsold 5 4 3 2 1 1995-96 2000-01 2005-06 2010-11 2015-16 2020-21 Projected Overview of State Bond Debt 1 115 Information �~ About Candidate � Statements � N�N��N�� N�� s N 7F�- Guide m� omoN� um�N�e This voter guide includes information about U.S. Sena-e candidates which begins on page I17 of this guide. United States Sena-e candidates can buy space for their candidate utatement in this voter guide. Some candidates, however, choose not to buy space for a statement. The candidates for U.S, Senate are: Kama|aD. Harris Democratic Loretta L. Sanchez DemouraTic In Your Sample Ballot Booklet �N��-U�� N� �� -�� n�m~~mn�� ~m�m°^~. ~~u�m� m . �... mvm�. w��..�� n��npm��. ~~n � In addition to the candidates in this guide, your ba!|ot may include State Senate. State Assembly, and U,S. House of Representatives candidates. State Senate and State Assembly candidates may buy space fora candidate statement in the county samp|e bai|ut booklets IF: they aQeeto keep their campaign spending under certain dollar amount described below. w State Senate candidates may spend no more than $1,269,000 in the general! election * State Assembly candidates may spend no more than $987,000 in thegenera| election A list uf candidates who accepted California's voluntary campaign spending limits is available at wwvv,.somca.gomlelebonsl,-andt;dahy��ments California's voluntary campaign spending limits du not apply to candidates for federal offi�oeu including President, U,S. Senate' and the U.S. House of Representatives. All U.S. House of Representatives candidates may buy space fo, a candidate statement in county sample ballot booklets. Some candidates, however, choose not to buy space for a statement. �� Forte certified list of candidates, go to �� os�o � cs�ad �e � b �anbh � �s CANDIDATE STATEMENTS N��N�N�N�� N~ �� N~N�N�.�� UNITED STATES SENATE ° Serves auone of two Senainrswho represent California's ° Votes on confirming federal judgeu. U.S. Supreme Courtintees� inthe United S�gosCon8ess. Justices, and many high-level presidential appointments ° Proposes and votes un new national laws. todvUian and mi|i!oryposdions. �� U D. Harris | .^�00�.� �. ' DEMOCRATIC | am running forthe United States Senate because | believe it is time 10 repair the ladder of opportunity for Cu|iforniuna arid. mureAmoricans. As u lifelong prosecutor, | have always served iuytone client: The People (if California. As 0stri:tA�omeyofSan Francisco and California Attorney General, !'ve Proudly stood up to powerful interests on beha|fofthe people and won /eo| victories for our fomi|ies. | took on violent predators, including the tranunutiona| criminal organizations and human traffickers who pmfitfmm exp|oihngwmmen and children. | prosecuted polluters and big oil oomponies, took on the big Wall Street bunks and worked across the aisle to pass the nation's toughest anti- furedoyure law pm�eotou/ homemwneo. As California's United States Senator, | will condnuetofight hard for the people and cut.thmu8hthe rid|ocktha� pemades Washington. | will work to create thoJobs our people need by bringing humefodera| xmm�m�m-�.ammmumu�o�m� du||a,u �hotwi|| repai, our c,umb|in��aterand �,anspor1ation sys�emu� |'|| fi�htfor better schools and to give every child access to pre-kindergarten and affordable childcare. With student loan deb� crippling co||ege g,oduotes' |'|| fight for refinancing and reform that mukos college more affordable for all students. | will stand up for our veterans who deserve quality health care and jub training when they come home. |'|| defend our environment and coast and lead the fight against climate change. P!uase ;oin me. That you for your consideration. 43l'. Wilshire B!vd, Suite2SO ;a|: (2l3) 22l'I269 Los Angeles, CA9O0IO Emai|: info(E_�Kama.|uHanis.orO wwwKama|aHsr,is.urg Loretta L. Sanchez | �� ~ ��.~�� . DEMQCRAT1C Ca|ilomia needs proven leader who can deliver results and. tackle the- full snQeoi eoonomic, educationa| and security challenges we face today. Our next L(S. 3enatovmuat haxeex�nu/xe6�;��veundna�on�/ue�m��yexpe/�nceandshure the life experiences of working people. /do, and that's why/am the best candidate for the job, My parents idef , theirwe,e immigmntswho s1ruQg|ed to prov |d,en. | worked mywuythrough uu!|o�e with the he|p uf �overnment and union �runts. und tho Anahoim Rota ryC|ub paid for my MBA. My parents worked hard' valued education and are the only purents in American historyto sond two daughters to Congress. That'swhy ! huve fouQht pasyionate|y in Con�reyufor 2Uyearsfur eduoa�ion' affordob|e co||ege' healthcare refurm. immigrution reform, gender equality, LGBT righty, raising the minimum wage, and 01 10 environmental protection. |'ve a|sodemons�,ated independent jud8mentand courage whenitm � h � atturedmust� / xo�ed� �ny� &he �q �� thesu-ca//edPat�ot Ac� and the I/Va//Sheetba//ou/s. Asayen/ormemberoftheAnnedServicesundHome/and3ecurity Comm/ttres' I've worked to ensure our troops are trained and equipped to win and cared for when they come home. |'m the only candidate with the national security experience necessary to keep America safe from international and domestic terrorism. As your Senator, | will fight for all Ca|ifornians, so together wecan have a stronger and more prosperous future. /humb/y ask fbryourvote. PO. Box 6O37 Tu|: (7'4) 774-O236 Santa Ana' CA 927S6 Email: infu@|uretta.or9 http:Noretta.or8 [he order m the`�dtememv~a`uee,mmou bymnuom/uaum°/ng.otatemon's^nm/soau^were yu'0nou bym^candidates and have nut been checked lot arcvscvLEIch slnte��c�vm,m/yn� � ,� sy �oiuzu and na/umr� � � � m�� nu/u^ �onnu/u�as�:cu/unsu� 's��m � m encou/uhos°/�m,qvamu�� a o�p`e,onmebaoo. oanuiusuoiaumoxtS 1 117 TEXT DF PROPOSED LAWS ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- PROPOSITION 51 uf2OlGtu provide acornprehenoive arid fisuaU;res ib|e appn�aoh foradd�ysin8theschoo| facility neodsforaU This initiative measue 'is submi�ed to the people in Ca|i|urniany accordance with -he provisions ofSection 8ufArticle 11 of the California Constitution. SEC. 2, Section I7070.4I is added to the Education This initiat|initiative- maauure adds sections to the Education Code. to read: Code; 'therefore, new provisions proposed tu be added are 2707041. Creation of -.2016 State School' Facilities printed in /ta0ctypeto indicate that they are new. Fund. "a) A fund is heebyestablisfied 'n the State -,Iheasuly, to PROPOSED LAW be known as the 2026 State School Facilities Fund. All money he fund, Including dep /hed/n that SECTION l. Fn8yanaoaraons. fund frorn anv source whatsoever and notwithstan - The people of the State of California find and declare a!| of Section 23340 of the Government Code, is hereby thefoi|owinQ: continuous/y appropriated without regard bu fiscal years for (a) Pursuant to the California Const|tution, pub|iu expenditure oursuanfbo this chapter education isa state ,esponsibi|ity arid, amongothe,thingy' (b) The board may rbo funds toschooldistrictshor that responsibility requires that public sohoo|a be safe' the purposes ofthischapter,� as/f read onJanua/y2' 20I5, secure, and peaceful. from fund s �an�fenedto the 2D26 State School fau///�es (b) The State of California has a fundamenta| interest in Fund�«»/ any««u«:e. the financing of public education and that interest extends (c) The board may make apportionments /n amounts not. to ensuring that K-14 facilities are constructed and exceeding those funds on deposit/n the 2G26 State School maintained in safe, seuure, and peaceful conditions. Facilities Fund, and any amount ofbonds authoriZed by (c) Since lyg8. the State of California has successfully theco/nn//thye' but riot yet sold bythe TreTreasurer.easuoy met its reypunsib||ityto provide safe, secure, and peaceful (d) The bumnf may make disbursements Pursuant to any facilities through the LeroyF Greene School Facilities Act apportiun/nenf made from any funds /n the 2026 State of 1998, contained in A,tic|e I (commencing with School Facilities Fund, irrespective uf whether there exists Section I/070.10) ofCha0ar I2.5ofPart I0of Division at the titne of the disbursement an amount /n the 20165 I of�t|e I of the Education Code. State Schoo/ F�c8/�eo Fund�uf�c/en� bo penn�t pe0vnant (d) The State Allocation Board has the authority; to audit /n h///of�//� n^/onn,entsprem mad e. Howeme no /expenditu,e reports and school district records in order to �sbumenentshe/ be /nade from, any funds required by assure bond funds are expended in accordance with law bobe transferred -to the General Fund. prograrn requirements, which includes verifying that SEC, 3. Part 70 (oommenci rig with Section IOlIlU) is projects progress in a timely manner and that funds are not added to Division 14 of Title 3 of the Education Codo, to spent oil, salaries or operating expenses. read: (e) The people of -he State of California further find and R4RT 70. K/NDB?GARTE/Y THROUGHCOMMUN/TY declare the following: COL.LEGEPUBL/CEOUCAT70NFAC/L/77ES BOND ACT (l) California was among the hardest hit of the states 011-2016 during the last recession and while employment gains are C,,mprsn Z. GEwomc occurring\ economists caution that the ytate economy has 20I110 This pa/tsha0beknown, and�u�'bec/te� as nu� yetfu.|yrecovered� the Kindergarten Through Community College fbb//c (2) Investments made through the Kindergarten Through Education Facilities Bond Act n/2DI6, CommunityCo||e8e Public Education Faoi|it|es Bond Act 202112 Bonds/nbhetote/a/nountofn�neb��ondo//ars of 2016 will!' provide for career technical education � (,p^9�0�00'00000'' riot including d/ � the amount of an facilities provide lob training manyCa| fomiany and y veterans who f ace cha!|engeaincump| tingtheireduoaonna ' ~^g ~`n~ syued /n accordance with Sectionse 701140 and 101.149, ors~ much thereofasisnecessary, and re-enterin8the workforce. may be issued arid sold for the Purposes aet forth /n (3) |nvestmenty w|!| be made in partnership with local �echonu 202I3O and 2DIJ44. The bonds, when sold, school districts to up8rade aging facilities tu meet current shall be and .constitute a valid and bmdmgcf obligcfation hea|th and oafety standardy, |n�|ud|n� retrofitting for the State of California, and the full faith and credit ofthe earthquake safety arid the removal of lead paint' asbestos, State of California is hereby pledged for the punctual and other hazardous materials. paymentof the principal Of. and interest on, the bonds as pA Studies show that 13,000 Jobs are created for each b\ePri«»iPa/and mte/esthecnn/e due and payable. $I billion of state infrastructure investment. These jobs CxxpT-,n �. /0wosRcARrsm 7Hn0uGx 22nv Qsxos include building and construction trades jobs throughout �n^/c/e J / 22th GnadeSchoo/ Iheslate � �� --`''--� ��'-- � Facilities Program PmviSimy (5) The Kindergarten Th,ouQh Community College Public 2D2I2D The eedoofbonds issued and sold t Education Fao|!it|es Bond Act of 20I6 provides for bo this c''a shall be deposited/n the 2026State School disadvantaged school districts and local control. Facilities Fund �established /n the State �eau'b//shed - ug' under (6) Academic goals cannot be achieved without 21ot Section 27070.41 and shall be allocated by the State Century school faci!itiey designed to provide improved Allocation Bcardpursuant tobh/schepter. school technology and teaching facilities, 20I122. Ali'/non dep ited in the 2016 State School (f) Therafore' the people enact the Kindergarten Throu8h Fac/0bes Fund bx the pu/puses of: this chapter shall be Communi-yCo||ege Public Education Facilities Bond Act available to provide aid to school districts. county 118 1 Text of pmpuseu Law, TEXT OF PROPOSED LAWS PROPOSITION 51 CONTINUED superintendents of schools, and county boards of education 659955) of Division I of Title 7 of the Governmernt Code of the state in accordance with the Leroy F Greene School may be amended pursuant to J a-vv. Facilities Act of .1-998 (Chapter 12.5 (comr.r7encing- with Article 2, Kindergarten Through 12th Grade School Section 1 11070-7() - . 1) of Part 10 of Division 1 of title 1), as Facilities Fiscal Provisions it read on January 1, 2015, as set forth in Section 101122, to Provide funds to repay any money advanced or loaned to 101130. (a) 01'the total amount of bonds authorized to the 2016 State School facilities Fund under an v act of the be issued and sold pursuant to Chapter 1 (corruner.,cing Legislature, together with interest provide,,] for in that act, With Section 101110), bonds in the amoun,t of seven billion and to reimburse the General Obligation Bond Expense dollars ($7,000,000,000) not includinsz the amount of: Revolving Fund pursuant to Section 16724.5 of the 317Y refunding bonds issued in accordance with Government Code. Section 1011140, or so much thereof as is necessary, may .101122. (a) The proceeds from the sale of bonds, be issued and sold to provide a fund to be used for carrying . out the purposes poses expressed in this chapter and to reimburse issued and sold for the purposes of this chapter, shall be the General Obli.-atior., Bond Expense Revolving Fund allocated in accordance vvith the followin.gT schedule: punsuant to SectiXn 16,124.5 of the Government Code. (11) The amount o.t ithree billion dollars ($31 000,000,0001) Q a for new construction of school taciliLies of applicant school (b) Pursuant rit to this section, the treasurer stall sell the districts pursuant to Chapter 12.5 (commencina with, bonds authorized by the State School Building Finance Section .17070.10)of Part 10 of'Division 1 of'Title- 11 Committee c-.sL"3b!,�shed,,-,t.,rsjant. to Section .15909 at, any different times necessary to service expenditures required (2) The amount of five hundred nillion dollars by the apportionments. ($5,00,000,000) shall be available for providing school 101 '31. The State School BuildingFinance Cot-rinii-tee, facilities to charter schools pursuant to ArtiC/P 12 -09 and composed of the te established bv Section 159 18.52) of!Chap r ZZ5 of(com, encing with Section 1701 1 Governor, the Controller, the Treasure Part 10 of Division I of'Title 1. N the Director of Finance, and the Superintendent, or their designated dollars ($3,000,000,000) ,-e three billion 0 presentative(3) The amount of I s, all of i whom shall serve thereon without for the modernization of school facilities pursuant to cornponsati.o ri, and a majority of whom shall constitute a Chapter 12.5 (commencing with Section 17070.10) of quorum, is continued in existence for the purpose of this Part 10 of Division I of'Title 1. chapter. The Treasurer shall serve, as chairperson of the 4) TI Y ie amount of five hundred million ion dollars committee. Tiro Members of the Senate appointed b the f 'on- ($500YO00,000) for facilities for career technical Senate C nmititee on Rules, and two IUerrlbers of the education programs pursuant to Article 1.3 (commencing Assembly appointed by the Speaker of the Assembly,. shall with Section 170,18.70) of Chapter 12.5 of Part 10 of meet with and provide advice to the corrunittee to the Division .1 of Title 1. extent that the advisory participation is not incompatible (b) School districts mav use funds allocated pursuant to with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members paragraph (3) of subdivision (a) only for one or more of of the Legislature shall constitute an interim investigating the following purposes in accordance with Chapter 12.5 committee on the subject of this chapter and, as that (commencing I enc; with Section 17070.10) of Part 10 of committee, shall have the powers granted to, and duties Division I of Title 1: imposed upon, those cot-rinii-tees by the Joint Rules of t the (11) The purchase and installation of air-conditioning Senate and the Assembly, The Director of Finance shall equi,Pment and insulation materials, and related costs, provide assistance to the cot-rimittee as it may reqL,.iire.. The (2) Construction projects or the purchase of furniture or Attorne�v General of the state is the legal adviser of the equipment designed to increase school security or committee, playground safety. 101132. (a) The bonds authorized by this Cha'Dter shall 1h,- prepared, executed, issued, sold, paid, and redeemed -3) TI Li .0 -61 L in sch ie iden'ficati n, assessment, orabat men' tool facilities of hazardous asbestos. as provided in the State General Obligation Bond Law "Chapter 4 (commencing with Sect I I I I k Lion '6720)of Part 3 of (4) Project funding for high-priority roof replacement Division 4 of Title 2 of the Government Code,), and all acts project.s, al-nen,datory thereof and supple mentarl thereto, are hereby (5) Any other modernization, of facilities Pursuant to incorporated into this chapter as though set forth in full Chapter 12.5 (commencing with Section 17070.10) of within this chapter, except subdivisions (a) and (b) of Part 10 of Division I of'Title 1. Section 16727 of the Government Code shall not apply to (c) Funds allocated pursuant to paragraph (1) of the bonds authorized by this chapter. subdivision (a) may also be utilized to provide new (b) For purposes of the State General Obligation Bond I"S, co , trUCtion grants for eligible applicant county boards of Law, the State Allocation Board is designated the "board" education under Chapter 12.5 (commencing with for purposes of administering the 2016 State School Section 17070,10) of Part 10 of Division 1 of Tittle 1 for facilities Fund I, funding ciassnooms for severely handicapped pupils, Of for 1 n 13,3.1 (a) UPonre quest of the State Allocation Board, 1 funding classrooms for county COMIMUnitl school pupils. the State School Building Finance Committee shall (d) Chapter 4,9 (commencing with Section 65995) of determine whether or not it is necessary or desirable to Division .1 of Title 7 of the Government Code, as those issue bonds authorized PL!rSU3nt to this chapter in order to provisions read on January 1, 20.75, shall be in effect until fund the related apportionnems and, if so, the arnoum-of the f. full 1 1 1 1 laf-riouritofboi,,dsaut,'.,orizedfo,,,i,,ewschoolficil;tv bonds to be issued and sold. Successive issues of bonds construction ion pursuant to paragraph f.1) of subdivision fa) may be authorized and sold to fund those apportionments onroents have been expended, or December 3 1, 2020, whichever is progressively; and it is not necessary that all of the bonds sooner Thereafter, Chapter 4,9 (commencing, with Section authorized to be issued be sold at any one time. Text of Proposal Laws 1 119 TEXT OF PROPOSED LAWS PROPOSITION 51 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ('b) A request Allocation I quest of the State Alloca' r., Board pursuant to received from the sale of bonds for the purpose ot -c-anying subdivision (a) shall be supported by 3 state?-neat of the out this chapter apportionments made and to be made for the purposes -,01139. Ali' r-rioney deposited in the 2016 State School described in Sections 101121 and 101122. Facilities Fund. that is derived f;om`orem,,,um and accrued 101134, There shall be collected each year and in the interest or., bonds sold shall be reserved in the fund and same manner and at the same time as other state revenue shall be available for transfer to the General Fund as .3 is collected, in addition to the ordinary revenues of the credit to expenditures for. bond interest, extent that state, a sum i.n an at-riount required to pay the principal Of, amO.UnLs derived from premium may'y be reserved and used and interest on, the bonds each year. it is the duty of all to pay the cost of the bond issuance prior to any transfer to officers charged by law with anY duty, in regard to the the General Fund, collection of the revenue to do and perform each I ch and every 101140, The bonds issued and sold pursuant to this act that is necessary to collect that additional sure. chapter may be refunded in accordance with Article 6 101135, NotWithstar.,ding Section 13340 of the (conrinmencing,with Section 16780) of Chapter 4 of Part 3 Government Code, there is hereby appropriated from the of Division ion 4 of Title 2 of the Government Code, which is General Fund in the State Treasury for the purposes of this part of the State General Obligation Bond Lam Approval by the voters of I the state for the issuance ot I the bonds ..chapter, an amount that wil/equal the total of'the foltowing. described in this chapter includes the approval of the (a) The sum annualiv necessary to pay' the principal OT f , ssuance of any bonds issued to refund any bonds originally and interest on, bonds issued and sold pursuant to this issued under this ch3PL"eroranyprevi.ous1v issued refunding chapter, as the principal and interest become due and bonds. Any bond refunded with the proceeds of reh,.inding payable. bonds as authorized by this section may be legally defeased 01)) -The s,,,,rr, necessary ito carry out- Section 101138, to the extent permitted by law in the trarmier and to the appropriated without regard to fiscal years, extent set forth in the resolution, as amended from time to 101136 m. The State Allocation Board ay request the time, authorizing Such refunded bond. .10.1141. The people hereb find and declare that, Pooled Money Investment Board to make a loan from the ' Y Pooled Money Investment Account or any other approved inasmuch as the proceeds from,the sale ofborids authorized t " " that term is forn7of interim financing,in accordance with Section.16312 ,by this chapter are not proceeds of taxes as L of the Government Code, for the Purpose Ot carrying Out used in Article XHl B of the California Constitution, the disbursement of these proceeds is not subject to the this chapter The amount of the request shall not exceed the ii nitations imposed by that article. he amount of the unsold bonds (exclusive of' refunding "I bonds) that the committee, by resolution, has authorized CHAPTFR 3, (DA11FORN"' Carvrrvru oleo CLLFC F FAcii_,,,,E.s to be sold for the purpose of carrying out this chapter. The Article 1. General State Allocation Board shall execute any documents The '016 C31:fornia Communit College 10142. 13. L if v required by the Pooled Money Investment Board to obtain and repay the 103n. Any amounts loaned shall be deposited Capital Outlay Bond Fund is hereby established in the I;n the fund to be allocated by the State Allocation Board in State Treasury for deposit of funds from the proceeds of bonds issued and sold for the purposes of:this .chapter. accordance with this chapter. 101137 NotWithstar.,ding any other provision of this (b) The Higher Education Facilities Finance Committee chapter, or of the State de'n,era'l Obligation Bond Law; -if d to Section (57353 is hereby authorized to create a established pursuant ebt or debts. liability or liabilities, the Treasurer sells bonds pursuant to this chapter that of the State of California pursuant to this chapter for the include nclude a bond .counsel opinion to the effect that the purpose of providing funds to aid the C3. 1,iforn,ia Community Interest on the bonds is excluded fromgross income for , Colle federal -X Purposes, subject to designated conditions, ,es , der3l t3 Lions, the Treasurer may maintain separate accounts for the Article 2. California Community College Program investment of bond proceeds and for the investment Provisions earnings on those proceeds, The Treasurer may use or 101143. (3.) From the proceeds of bonds issued and direct irect the use of those proceeds or earnings to pay any sold pursuant to Article 3 (commencing with rebate, penalty, or other payment required Linder federal Section 101144), the sum of two billion dollars law aw or take any other action with respect to the investment (per,000,000,000.) shall be deposited in the 2016 and use of those bond proceeds required or desirable California Community College Capital Outlay Bond Fund under federal law to maintain the tax-exempt status of for the purposes of this article. VW,,en appropriated, these those bonds and to obtain any other advantaggee under funds shall be available for expenditure for the purposes of federal law on behalf of the funds of this state. this article. 101138. For the purposes of carrying, out this chapter, (b) The purposes' of this article include assisting in the Director of Finance may authorize the Withdrawal from I'lleeting the capital outlay financing needs of:the California the General Fund of an amount not to exceed the amount Community Colipg6s, of the unsold bonds (exclusive of refunding bonds) that (c) Proceed's from the sale of bonds issued and sold for have been, authorized by the State School Building Finance the purposes of this article maybe used to fund construction Committee to be sold for the purpose of carr ng out this on e xist;ng campuses, ;n..cluding- the construction of chaptc- r. An-y amounts withdrawn shall be deposited in the buildings and the acquisition of related fixtures,2016 State School Facilities Fund consistent with, this construction of facilities that may be used by more than chapter. Any i-noney made available under this section one segment of public higher education (imersegn7ental), shall be returned to the General Fund, plus an amount the renovation and reconstruction of facilities, site equal to the interest that the tror.,ey would have, earned in acquisition, the equipping of new, renovated, or the Pooled Money investment Account, from, proceeds reconstructed facilities, which equipment shall have an 120 1 Text of ProrYlsed Liaws TEXT OF PROPOSED LAWS PROPOSITION 51 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- average useful life of 10 years, and to provide funds for the 101146. Notwithstanding Section 13340 of I the �r payment of f econstruction costs, Including, but not Government Code, there is hereby appropriated from the limited to, preliminary Mans and working drawings for General Fund in the State Treasury, for the PbIrPOSeS Of this .1 .3, Cal'fotnia Community Colleges. chapter, an amount that vvill equal the total of the following: facilities Of the I Article 3. California Coml-nun.ity College Fiscal ("a) The sum annually necessary to pay the principal' of, Provisions and interest on, bonds 1.5-Sued and sold pursuant to this chapter, as the principal and interest become due and 101144. (a) Of the total amount of bonds author'ize d to payable. be issued and sold pursuant to Chapter I (cornmencing with Sect 7 01 Section 101110), bonds in the total amount of (b) The sum necessary to carry out Section 1 .1141/7.5, two billion dollars ($2,000,000,000), riot including the appropriated without. regard to fiscal years, amount of any refunding bonds issued in accordance with "101 '46.5. The board, as defined ned in subdivision (b) of Section 101149, or so much thereof as is necessary, may Section 101144.5, may request the Pooled Money be issued and sold to provide 3 fund'tobe used for carrying Investment Board to nriake a loan from the Pooled Money out the purposes expressed in this chapter and to reunbursP investment Account or any other approved form, of interim the General Obligation Bond t Expense Revolving Fund financing, i.n accordance with Section 16312 of the pursuant to Section 16724.5 of the, Governs-rent Code. Government Code, for the puroose of carryin g Y.n.gT out th s (h) Pursuant to this section, the Treasurer shall Sell the chapter The amount of the request shall not exceed the bonds authorized by the Higher Education Facilities amount of the unsold bonds(exclusive of refundil7g, bonds) Finance Committee established pursuant to Section 67353 that the Higher Education Facilities Finance Committee, at- any different tit-ries necessary to service expenditures by resolution, has authorized to be sold for the purpose of required by the apportionments, carrying out this chapter The board, as defined in .101144.5. la) The bonds authorized by this chapter subdivision (b) of Section 10-1144.5, shall execute any 00CUments, required by the Pooled Mon,ey Investment shall be prepared, executed, issued, sold, es paid. and a. redeemed as provided in the State General Obligation Board to obtain and repay the loan. Any` y amounts loaned Bond Law (Chapter 4 (commencingvvith Section 16720) shall be deposited in the fund to be allocated by the board " e of Part 3 of Division 4 o't I Title 2 of the Governt-rient Code), 'in accordrlc with this chapter. and all acts amendatory thereof and suppl mentar,1 e 101147. NoNvithstc-Inding any other provision, of this thereto, are hereby incorooratedinto .-his chapter as thouggh chapter or of the State General Obligation Bond Lawn, if set forth in full with in this chapter, except subdivisions (a) the Treasurer sells bonds pursuant to this chapter that and (b) of Section 16727 of the Governt-rient Code shall include a bond counsel opinion to the effect that the not apply to the bonds authorized by this chapter interest on the bonds is excluded from gross income for (b) For the purposes of:the State, General Obligation Bond federal tax purposes, subject to designated conditions, the Lawn each state agency administering an appropriation of Treasurer may maintain separate accounts for the L investment of bond DrOCeeds and for the invest the 2016 Community College Capital OutVay Bon�Fund is investment earnings on those proceeds. The Treasurer may tise or designated as the "board" for Drojects, funded pursuant-to thi's chapter. direct the use of those proceeds or earnings to pay any rebate, penalty, or other pays-rient required under federal (c), The proceeds of the bonds issued and sold pursuantw ato la or take an'v other action with respect to the investment this chapter shall be available for the purpose of funding and Use Of I those bond proceeds required or desirable aid to the California -Community Colleges for the under federal law to maintain the tax-exempt status of construction on existing or new campuses, and their those bonds and to obtain any other advantage Under respective off campus centers and joint use and federal law on behalf of the funds of this state. intersegmentaii facilities, as set forth in this chapter. 1011475, (a) For the purposes of: carrying out this 101145. The Higher Education Facilities Finance chapte,, the Director of Finance may authorize the Committee established pursuant to Section 67,353 shall withdrawal from the General Fund o'f an announat not to authorize the issuance of bond's under this chapter only to exceed the amount of the unsold bonds (exclusive of extent the I tent necessary to fund the related apportionments refunding bonds) that have been authorized by the Higher for the Purposes described in this chapter that are express!,l Education Facilities Finance Committee to be sold for the authorized by the Legislature in the annual Budget Act+, purPose of carrying OL.1-11 this chapter. Any arnounts Pursuant to that legislative direction, the committee shall withdrawn shall be deposited in the 2016 California deter mine whether or not it is necessary or desirable to Community College Capital Outlay Bond Fund consistent issue bonds authorized pursuant to this chapter in order to witth, this chapter. Al-ijv money made available under this carry out the purposes described in this chapter and, if so, section shall be returned to the General Fund, plus an the amount of bonds to be issued and sold. Successive ai-nount equal to the interest that the trioney Lvould have issues of bonds may be authorized and sold to carry out earned in the Pooled Money investment Account, from those actions proigresSivelv, and it is not necessary that 311 proceeds received from, the sale of bonds for the purpose of the bonds authorized to be issued be sold at any one of can-vinF; out this chapter. time, (b) Any request, forwarded to the Legislature and the 101145.5. There shall be collected each year and in the Department of Finance for funds from this bond issue for same manner and at the same time as Other state revenue expenditure for the purposes described in this chapter by is collected, in addition to the ordinary revenues of the the California Community Colleges shall be accompanied state, a sum in an amount required to pay the principal of, by the five-year capital outlay plan that reflects the needs and interest on, the bonds each Year it is the duty of all and priorities of the community college system and is officers charged by law with any duty in regard to the prioritized on a statewide basis. Requests shall include a collection of the revenue to do and perform, each and every schedule that prioritizes Itt"C'seisroic retrofitting needed to act which is necessary to collect that additional sum, significantly reduce, in the Judgment of the Particular Text of Proposal 1-aws 1 121 TEXT OF PROPOSED LAWS PROPOSITION 51 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- college, seismic hazards in buildings identified as high, called Medi-Cal. In order for any state to receive federal L priority by the college. Medicaid funds, the state has to contribute a matching .1.01148. All money deposited in the 20.76 California 0 its Own IT'amount f L i Orley. Community College Capital Outlav Bond Fund that is B. In 2009, a new program was created whereby California derived from premium and accrued interest on bonds so!(,' hospitals began paying a fee to help the state obtain shall be reserved in the fund and shall be available for availabice federal Medicaid funds, at no cost to California transfer to the General Fund as a credit to expenditures for taxpayers, This program has helped pay fop- health care for bond interest, except that arnounts derived trorn piremitirr, low-income- children and resulted in California hospitals may be reserved and used to pay the cost of the bond receiving approximately $2 billion per year in additional issuance ssuance'Dn.or to any transfer to the General Fund. federal money to help hospitals to mceet tile needs of 101149 7-he bonds issued and sold pursuant to this Medi-Cal patients, chapter may be refunded in accordance -with Article 6 SEC. 2. Statement of Purpose. (corrin,emcing with Section 16780) of Chapter 4 of Part-3 o ensure that the fee paid by hospitals to the state for the of Division 4 of Title 2 of the Govertfirnent Code, which is a - hospitals of the State General Obligation Bond Law. Approval b purpose of maximizinc.7 the available federal matching Y funds is used for the intended purpose, the people hereby the e, voters of the state for the issuance of the bonds amend the Constitiition to req; ire voter approval of changes described in this chapter includes the approval of the to the hospital fee' program to ensure that the state uses ,any bond P fur L i issuance of a, s issued to refund any bonds original!-y these funds for the intended purpose Of Supporting hospital issued under this chapter or 317 previouslyiSS Lied refunding Y care to Nledi-Cal patients and to help pay for health care bonds, An'v bond refunded vvith the proceeds of refunding for how.-income children, bonds as authorized by this section may be legally defeased to the extent permitted bY law in the manner and to the SEC. 3. Aniendment to the Constitution. extent,set forth in the resolution, as amended iron time to SEC, 3,1, Section 3.5 is added to Article XVI of the time, authorizing such refunded bond. California Constitution, to read: 10.7.1.49,5, The people hereby find and declare that, SE,,,, 3.5, (a) No statute amending or adding to the inasmuch as the proceeds from the sale,of bonds authorized provisions of the Medi.-Cal Hos,olt3. 1 Rein7bUrSe.,-nenit by this chapter are not "proceeds 0f taxes"3S that term is improvement. Act of 2013 shall become effective unless used in Article X111 B of the California Constitution, the approved by the electors it,, the same manner as statutes disbursement of these proceeds is not Subject to the amending initiative statutes pursuant. to subdivision (c) of limitations imposed by that article. Section 10 of Article //, except that the Legislature n7ay, SEC. 4. General Provisions. bySi; alute passed it, each house by to!.' call vote entered into the Journal, two-thirds of the membershipconcurring, (a) H any provision of this act, or part thereof, is for any amend or add provisions that further the purposes of the reason held to be invalid or unconstitutional, the remaining act. Provisions shall not be affected, but shall rernain in full force and effect, and to this end the provisions of this act (b) For purposes of this section: are severable, (1) "Act" means the Medi-Cal Hospital Reimbursement (b) This act is intended to be comprehensive. It is tile Improvement Act of 2013 (enacted by Senate, Bill 239 of intent of the )eople that in the event this act or measures the 2013-14 Regular Session of the Legislature, and any 1 . nonsubstantive amendments to the act enacted by a later relating to the same subject shall appear oil the same n L f L statewide election ballot, the provisions of the other bill in the same session of the Legislature measure or ilreasures shall be deemed to be in conflict (2) "Nonsubstar.,tive amendiments 'shall only rnean minot, with this act. In the even- that this act receives a greater technical, grammatical, or clarifying 31nendments. number of affirmative votes, the provisions of this act shall / k3) "Provisions that. further the purposes of the act"shall prevail in their entirety, and all provisions of the other o,rilv mean: measure or measures shall be mmi and void. (16,1,'Amendments or additions necessary to obtain or maintain federal approval of the impletrierntattion ot the PROPOSITION 52 act including the fee imposed and related quality This initiative measure is submitted to the people in assurance payments to hospitals made pursuant to the act; L Pe accordance with 'lie provisions of Section 8 of Article 11 of (B) A. 7endt tits or additions to the methodology used for the California Constitution. the developmentof the fee and qualit.yassurance payments This initiative measure adds a section to the California to hospitals made pursuant to the act. Constitution and amends sections of the Welfare and (c) Nothing in this section shall prohibit the Legislature Institutions Code; therefore, existing provisions proposed from repeating f the act in its entirety by statute passed in to be deleted are printed in 4ftkef3ttt---tktix., and new each house by roll call vote entered into the journal, provisions proposed to be added are printed in italic type two-thirds of the membership concurring, except that., the to indicate that they are new. Legislature shall not be permitted to repeal the act and replace it wit a similar statute impos;ng a tax, fee, or 1, Uh I PROPOSED LAW assessment unless that similar statute is either: SECTION 1. Statement of Findings. (if, A provision that furthers the purposes of the act as A. The federal government established the Medicaid defined herein,, prograrn to help pay Tor health Ith care services provided to (22) Is approved by the electors in the saii-rie manner as low-income patients, including the elderly, persons with statutes amending initiative statutes pursuant to disabilities, and children, In California this program is subdivision (c)of Section 10 of Article I L 122 1 Text of ProrYlsed Liaws TEXT DF PROPOSED LAWS PROPOSITION 52CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The of the fee revenues,interest earned on SUChl 'DrOCeedS shall not be considered reeent 81919tial Budget Aet. General ' """ revenues, "=="' Fund p°^=""� (f) The proceeds of the fee and any �ntenest and dividends ofhyxe� or allocated local of taxes' for purposes earned on deposits are not deposited into the fund or are "' Sections ' ''" """ "�� " this article `°' '= '"'= �=�"==" � not used as provided in Section I4I69.53. Article X/8B. The �m f � trust fundrefen�d to' �/n the act �� h / ser�ces ho (Q) Thepnzceedsofthefee. the matching amoun- provided 8Ved�Cu/ beneficiaries orobharbene�oi/` /n any other b; the federal government, and interest and dividends similar hydexs/ shall' not be yub/ac� bu the earned on de a|ts in the fund are nol used as provided in program prohibitions oroesbrichonu/nSechon 5 u3orofth/sarti Section 1.4169.68. t SEC. 4.2� Section 14I68.75 of the Welfare andSEC, 4. Amendments o Kedi'Ca| Hospital |n��itutionsCudo isamendedtoread� Re|mbursement |mprovement ��tof2Ol�. � SEC, �.l. Section I4169.72 uf the Welfare and I4I6975 Notwithstanding subdivision 0W of Section Institutions Code is amended to read: 14 1o/.35, suuu'"'s/"/'s (u)' (", and «/ of oeu/,o 242�7.3�' creating the �x�d are notrepea6edandxha8 14I59.72. This article sha|l beuome inoperative if any of /e/na/n operative as long as this article remains operative. the following occurs: (a) The effective date of a final judicial determination made by any court of appellate jurisdiction ur a finai determination by the United States Department of Health and Human Services or the federal Centers for Medicare and Medicaid Services that the quality assurance fee eutab|ished pursuant to this article, or Section 14I69.54 owed cluring the period in whieh the artiele was operativ or 14169.55. cannot be imPlemented. This subdivision SEC. 5. Genera| Provisions. shall not apply to any final �dicia| determination made by (a) If any provision of this measure, or any part -hereof, is any court of appellate jurisdiction in a case brought by for any reason held to be invalid o unconstitutional the hospitals located outsida the state. remaining provisions yha|| not beaffected, but shall re' ~in (b) The federal Centers for Medicare and Medicaid in full!' foroe and effect, and to this end the provisions of �Iemices denies approva| for, or does not approve on or this meauure are severab|e. before the last day ofa program period, the implementation. (b) This measure is intended to be compehonsiv e� It is of Sections 14169.52, 14169.53' 14I69.54' and th intent of the people that in the event 'this measure or 14I59.55' and the depa�ment fails to mod� meayures relating - the same subject shall appear on the Section 141.59.52' 1.4159.53' 1.4I69.54' or I41.69.55 same statewide e|eotion ballot, the p,uvisiunsof the other pursuant to subdivision. (d) of Section I4159.53 in order measure or measures shall be deemed to be in conflict to meet the requirements of federal law orto obtain federal, wi-h this measure. In the event that this measure receives apPr»»al. aQreater number of affirmative vutes, the provisions of this (c) The Legislature falls foappno riabe/noney-s/n the fund measure shall prevail in their entirety and all provisions of /n the annual Budget Act or fails to aPprojoriate such the other measure o/ measures shall be nu|| and void. rooneys in a separate bill enacted within thirty (30) days loilol,vir enactmentof the / Budget Act. A final PROPOSITION 53 This initiative measure is submitted to the people in - accordance-with the provisions of Section. 8 of Article || o� ' ' the California Constitution. �his initiative measure adds a section to the California to Constitut|on/ therefore, new provisions Propose',] to be �� added are p/inted in /te//c ��eto indicate that they are new. PROPOSED LAW faredittition. SECTION l. Title. (d) The department has sought but has not received T his act shall be known and may be cited as the No Blank federal financial participation for the uupp�menta! Checkoinit|ative. payments and other costs required by this u/tio|e for which SEC, 2. Findin8y and Declarations. federa| hnancia| participation has been. sought. The poop|e of the State of California find and deo!are as (e) A iawsuit related tohisartic|e is against o||ut vs: and a pre||minaryin]unction or other order has been issued (a) �he politicians in Sacramento have mort0aQed our that resu|ts in a financial disadvantage to the state For� future with long-term bond debt obligations that will!' take purposes of this subdivision, "financial disadvantaQe to taxpayers Our and futuregenerations decades tu the state" means either ofthefollowing: pay off. ' ' (I) A |oay of federal financial participation. (b) Undercurrent rules, the sale ofstate bonds only needs (2) Anete*st tte~the General Fund cost incurred due b»the to be approved by voters if they will be repaid out of the acf state's 'general revenues. But state politicians can ue|| Text ofp,uposox _.aws 1 123 TEXT DF PROPOSED LAWS PROPOSITION 53CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- billions of dollars of addit|ona| bond debt without ever �VN/hane tapo�ectcannot accoroplish getting the voters' approval if the bonds will' be repaid vv|th its stated p without the completion of another specific revenue streams or chargos imposed directly on allegedly se�eoytepoOject. Californians |ike -axes, tees, rates, tolls, or rents. The ' ' ' � kc) The two billion dollar ($2006\000,000y threshold po|itioians should not be u||owed to issue blank checks contained /n this section shall/ be aoYuyhed annually to Californians have to pay for, Voters must provide prior reflecLany/noreasemrdecn ease in, inflation aorneaxunedby approval fora|| majorstate bond sa|e deciy|ons, because bheCnnyunnerF��e/ndex��//UnbanConsunnerx(M-L) voters are the ones who ultimately pay the bii|. pub��hedbytheUn/bed States BuopauofLabo,Statistics. (d AcoordinQ to a 20I4 report frun Cal iforn la's ha 7�e�uer� Office shall ca/cu/�ie and �ub/bh the independent, nonpartisan Legislative Analyst's Office, the ad7u«bnentynequ�edby�hioyubdim�/on� State ofCa||fomia 'is carrying $340 billion in public debt, SEC. 5. Liberal Cunstruction. U-egis!atixo Analyst's Office, "AddressingCalifornia's Key This act shall be |ibara||yconytrued in order to e�eotuate Liabilities," Mar. 7. 20I4.) Interostandprincipal paymen�s its purposes, on our |onQ-term debt ob|i8ations will cripple the state if we keep spending the way we do novv -»educin8 cash SEC, 5. Conflicting Measures. available for public safety, schools, and other vital state (a) In theeventthat -hia measure and another measure or programs. measures relating tovoter approval requirements -for state bonds shall appear on the same statewide election ba!|ot (d> K8oreuver, voters are rarely the costs of bond- ' ' the other measure or m�asur�y shall be deemed to be in funded projects. We were originally told that the bullet � conflict with this measure. In the event that this measure trainwou|doo/�� bi||ion �ut now�heest|mated uost haa � receives a greater number of affirmative votes the ballooned to neady $7O bi!!iun. (Los An8e�s �mea' "The provisions of this measune sha!l prevail in -heir en'�ety, Hazy FutueofCo|ifumia� Bullet Train," Jan. 14, 2Ul4j and the provisions of the other measure or meayuns'sha|' (e) This measure pu-s the brakes on our state� pub!ic be null and void. debt crisis byQ�ing the voters asayinaU major state bond (b) |fthismeasu»eis—a~- + dbythevotesbuts upe�eded debt proposalsthat must be repaid through specific i w i| nho|e or in part by any other conflicting initiative navenuesteamyorcha�es imposed di�ut|yunCafornians approved by the voters at thesame election, and such toi|ketaxas' fees, rates, Us' or rents. conflicting initiative is later held invalid, this meaaure cut eu|| mshall be self f hect.SEC. 3. Statementuf Purpose. The purpose of this measure is to bring thestate's pubi|o SEC, 7. Sevembi|ity debt criyio under ountm| by giving the voters a say in all The provisions of this act are severable. !f any po�ion, maYor state bond�unded pnqao±s that vv||| be paid �� yection, subdivision, pa�Q�ph/�ause, oentenoe, phrase, through specific revenue streams or higher taxes, fees, word, or application of this act isfo, any reason held to be rates, toUs, or rents collected from Californians. their invalid bya decision of any court of competent j kirisdiction, children, and futuneQenerationu. that decision shall not affecttheva|idityof -he remaining SEC 4 Section l 6 is added to Article XV| of the portions of this act. The people of the State of California � � � hereby have adopted this act and California Constitution to read: = " ' � each and every portion, section, subdivision, paragraph, �-=- . 2 6. (a) Nonvithstanding any other -clause, uontence, phrase' word, and application not all revenue bonds ossuedorsold by the State/nananxount declared inva||d or uni-onstitut|onai without naQand to either the �e �wm b/0/o ob0� whetherany po�ion uf�hiaaut orapp|ication the,eofwou|d ($2,OOC\OO[lODD) for any s/ be subsequently declared invalid. ojoerated, or managed by the State rot./st first be approved SEC, 8, Legal Defense. -6v the voters at a statewide election. "State"' means the State ofCalifornia, ~ ' 'department thereof, and MthiSaotivappmx*dbythevote/softheStateofCa|ifomio any /oint powers agency or yhrni,13, bud; coeated �n! t ad iherea�e/ sub�:,�u to a legal challenge alleging a '' voa� onoffederal law, and bu-h the Governor and Attorney State or/n which the State /yanenbec "State asused herein does not /nc/ude a city, counh4 / and counfK Ganerai � refuse to defend this act, then the fui|uwin8 actionauha|l bo -akon� school district,district, co/nnnun/b/ college- district,district, o/ speca/ district For purposes of this section, ",special districf" (a) Notwithstanding anything to the contrary contained in refers only bopub�cen��eo formed for the performance of Chaptor5 (commencing with Sec-ion l25UO) of Part 2 of /uca/gnxern/nents/ functona within /in/tedboundariea. Division 3 of -flt|e 2 of the Government Code or any other law, the Attorney General shall appoint independent (b), singleA � �/e project for which state revenue bonds are counsel to faithfully and vigorously defend this act on /ssued or acid /n an en/oun� cxar -'two billion dollars beha|fufthe State of (��DUD'DUO'DDO) may not bed/v�ed/nb� urdeemedfo California. (b) Before appointi ng or thereafter substitutingb ' / ' ' ' ' aAnoxa/ eqnens contained /n this sec//on. independent counsel, theAttorney General shall exercise rdue diligence in determining the qualifications of pm-posesof this section, -/�p - allegedly separate independent counsel and shall obtain written affirmation pnojecLs shall ba deemed to constitute a single project including,but not limited to,.in from independent counsel that independent counsel will ' � faithfully and vigorously defend this act. The written (J) lill/henethe allegedlybep/0s/ca0y aifirmation shall be made publicly available upon request. urge4gnsph/ca0yporinoatato each othe� or (c) A Continuous appropriation is hereby made from the (2) Where the allegedly separate pojactsmi//bep/0s/ca0y General! Fund to the Controller, without ,egunj to fisca| Joined or connected br each other; or years, in an amount necessary to cover the costs of 124 1 Text ufpmpuseuLaw, TEXT DF PROPOSED LAWS PROPOSITION 53CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- retaininQ independent ouunse| to faithfully and vigorously time bill |u printed and made available- tothe public and defend this act on behalf ofthe State of California. the time it is put to a vote, allowing an exception only in the case ofa true emergency, auoh as natural disaster. PROPOSITION 54 (i) The oppo�unity for an orderly and detailed review of bills by the � public, the press a nd legislators will result inThiy initiative measure is submitted to the *oe in m fpd betterbills while thwarting political favoritism and power accordance with p Article || of � the Ca|ifomioCunutituhon. g'~� (�) Those measures will have nominal c � -o taxpoye . This initiative measure amendo sections of the California while pmmutinQ greater transparency in our legislative Constitution and amendu and adds sections to the ~~^^r^ proceedings to benefit the people. Government 'Code; there|ure, existingprovisions proposed to be do!oted are printed in and .new SEC. Statement of Purpose. provisions proposed to be added are printed in italic type In enacting this meayure, the people of the State of to indicate that they are new. California intend thefo||owinQ: (a) To enable we, the people, to observe through the PROPOSED LAW Internet what is happening and has happened in any and SECTION l. Tlt|e. all of the Legislature's pubi|o proceedings yu as to obtain Thiyac- sha!| be known and moybecited as the California the information necessary to participate in the politicalLeg|s|ature7ianypanancyAct. pmoeoyandtoho|duure|ectedrepesentativesaccountab|e SEC. 2. Find|n0s and Declarations. for their actions. (b) 'To enable we, the people, to record and to post or The people of the State of California hereby find and otherwise transmit our own recordings of those legislative declare that: proceedings in order to encourage fa|mes ~�- the (o) It is essential to the maintenance of a democratic proceedings, deliberation in our representatives' decision- society that public business be performed in an open and making, and accountability. public manner, and highly desirable that citizens be given (u) To Q|va us, the peope' and our representatives the �he opportunity to fully review every bi|! and express their necessary time to carefully evaluate the strengths and views regarding the bi||'s merits to their elected weaknasyeu of the final version of a bill before a vote by representatives, before |t is passed. imposing a 72'hour public notioe period between the time (b) However. last--minute omondmen-s to bi|!a are that �he fina| version is made oxai!ab|e to -he Legislature frequently used to push through political favors without and the public, and the time that avote is taken, except in comment or with little advance notice, cases of true emo�encydedoned by the Governor. (c) Moreover, cornplex bills are often passed before SEC, 4. Amendments to Article |V of the CaliforniaK8embery ufthe Legislature have any realistic opportunity Constitution. to review or debate them, rasuitinQ in 'Ill-considered SEC. 4.l. Section 7 of Article |V of the California legislation. Cunstitut|un is amended to read: (d) Further, although uur -State Constitution currently Ssu 7. (a) Each house shall uhoose its ��iuera and Provides that the proceedings of each house and the adopt rules for its proceedinQs� A muiority of the committees thereof shall be open and pub|ic' fewd m citizens membership oonatitutea a quorum, but a aa||ar number have the ability d legislative proceedings in Per«o », may recess from day to day and compel the attendance of and man;�Q�|ative proceedings Qocomp|ete|yunobyen/ed absent members. by the pub|io and preys. often leaving no record of what was said. (b) Each house shall keep and pub|ish a journa| of its proceed!rigs.T lie ro|!ua|!Vote of the membersonaquestion (e) Yet,with the avai|abi|i-yofmod*rnrecondinQ tech»oh8Y shu|| betaken and entered in thejouma| at the request of and the Internet, there is no reason why public legislative 3 members � ' presen . Proceedings should remain relatively inaccessible to the - - --- oilizensthatthayseme. (o) (l) f.xoept as provided /n h (3) T-he the pnuoeedinQs of each house and the oommitteeo thereuf (f) Aocordin8!� to foster disc|oyure, d*!iberation, debate' shall be open and pub|iu� The attend open and and deuomm in our �Qis|ative proceedings, to keep our pub//o edo7�� / / de� th��='- -e -ight f any person to citizens fully infurmed, and to ensure that legislative y aijolio or video means any and all Darts of the proceedings are conducted fairly and openly, our State - - - Constitution should guarantee the right of all persons 'proceedings and - broadcast or otherwise— --- - them;` ' the L including members ofthe Dress. tofree|yrecord legislative ,�-'--- --' -�---- �� pmceed�gsand tu broadcast, post, orothenwiyetnansmitits,---- - '- ragraph �hose recordings. -- - -- - qWPment to., recording or broadcasting the proceedings for the sole purpose off.rninirnizing disruption (g) To supplement this right to record legislative of proceedings, the Legislature itself should also be required ch action �r deo�:e d to make and post audiovisual recordings of all pub|io re0ef', and the Legislattiresha8huvethebunden proceedings to the Internet and to maintain an archive of ofdennonsbato/g that the:u/eiyreasonable. these recordings, which will beuvaluable resource for the 0 Cc (y2 uf the second ca/endar public, the press, and �he academic community for /b//o -��- �� this paragraph, -- generationstocome. shu/l also�'p ''- adoptione atidiovistial record ings to be made of all - -� the California Should also fo|!ovv the !ead of other states proceedings pa h (I)/n their tine h 8 that require 72-hourudvanoe notice period between the make such recordings pub//c thnouRh the Internet within Text ofp,uposox Laws 1 125 TEXT DF PROPOSED LAWS PROPOSITION 54:8NTINU0 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 24hours after the proceedings have been recessed or noticeperiod tero8e8 vote entered aalunned for maintain the da and shall an archive o/ /n the' thirds, membership uoncuni7& �� ep�/� priorprior to �evo�on �eb8i through the Internet dowmbmdab/e fora period of no �' No bill may be passed unless, b; ru||ca|| vote entered �/ayathan 2G years asspe� e6byatabube � ' � /n -he journal, a majority ufthe membership ofeoch house (3) Not.withstanding paragraphs (I) and (IYH"ieme.f' concurs. closed sessions may be held solely for any of tile fo||owinQ (u) (l) Except as provided in paragraphs (2) and (3) of purposes: this subdivision, a s-atute enacted at o re8u!ar session (A) Tb oonsiderthe appointment, employment, evaluation shall 8o into effect on January l next following a 90-day uf performance, ur dismissal ofa public officero,employee, pehod from the date of enactment of the statute and a to consider or hear compla'nts or charges brought against statute enacted at a special session sha!! 8o into offoot on a Member of the Legislature or other public officer o, the glst day after adjournment of the special session at employee, ortoestab!iah the classification orcompensation wh|ch the bi!| was passer of air employee of the Le8is|ature, (2) Autatu-e. other than o statute establishing orchanging (8) To consider matters affeoti rig the safety and security f boundaries of any legislative, congressional, or other K8embers of the Legislature or its employees or the safety election distriot, enacted by bill passed bythe Legislature and security of any buildings and grounds used by the on or before the dote -he Legislature adjourns for a join— Legislature. recess to reconvene in the second calendar year of the (C) To confer with, or receive advice from, its legal counyel biennium of the !egiyative yeua|on' and in the possession regarding pending or reasonably antioiputed, o,whether to of the Governor after that date, shall go into effect on |nitiate, litigation when disuuysion in open session would January l next fo||uvvinQthe enactment date uf the statute not protect the interests of the house or committee un!oss' before January I. a copy of o referendum pottion regarding-he litigation. affecting the statute is submitted to the Attorney Cene/a| <�f(4/ A oauous of the K8embe,s of the �enute, the pursuant to subd|visiun (d) of Section IO of Articie |i, in KXemberaoftheAuaemb|X or the Members of both houses. which event the ytotute aho|| 8o into effect on the glyt day which is composed of the members of the same po|itica after the enactment date un|eys the petition has been presented tothe Secretary ofState pursuant tosubdivision party, may meet in closed session. (b) of Section Q of Article !|. The Legis|aturesha|| implement this subdivisiun by concurrent reyo!ution adopted by ro!|oa|| vote entered in (3) Statutes calling e|ections' statutes providing for tax the journa|, two-thirds of the membe,shi f h h levies or appropriations for the usua| current expenses of concurring, orbystatute, a /n the Sta-e, and uq�nuy statutes aho|| go into effect thecase ofa c|used session f� held ' tt ' h immediately upon their enautment pursuant to � EV, shall Prescribe that reaaonab|e notice of the (d) Urgency statutes are those necessary for immediate closed session and the purpose of the closed session shall preservation of the Public peace, hea|th, o, safety. A be provided to the public. If there is a conf|ic between a tatement of facts constituting the necessity shall be yet concurrent resu|utiun and statute, the iaot adopted or forth in one section of the bill. In each house the section enacted shall prevail. and the bill shall be passed separately each by ro||ua|| (d) Neither house without the consent of the other may vote entered in theiuurna|, two thirds of -the membership recess for more than lO days or to any other p!ace. concurring. An urgency statute may not create or abolish any office o, change the sa|ary, te,m or duties of any SEC 4 2 Section 8 of Article |V of the California ' ' � � � ofhoe grant any or privilege, or create Constitution isomendedtoroad� ' ' � any vested right or interest. Su-. 8 (a) At regular sessions no bill other than the� SEC. 5� Amendments to the Government Code�bud8at bill may be heard or acted on by committee- or either house until the 3lst day after the bill is introduced SEC. 5.I. Section 9026,5 of the Government Code is unless the house dispenses with this requirement by amended to read as follows: ro||ca|| vote entered in the journal, three fourths of the 9026,5. Televised or other audiovisual recordings of membership concurring. public proceedings. (b) (2) The Legislature may make no |uwexcept by statute (a) Televised other--d�ws--/rec ordings and mayanact no statute except by bill, No bill may be ,r-----ing- - each h---- - thelegislature ar.,'d the passed un|eso it is read byt|te on 3 days in each house - except that the house may dispense with this requirement committees— -�---� --� -- ---- �- -" `,�-��-'-�-r--- and without the imposition o/any fee due to the State or by ro||ca|| vote entered in the journal, two thirds of the a b//c b//c bu thereof 4* membership concurring. '' television gignal gerler N-d by the 'A's9erribly Shall be used (2) Niu bill!; may be passed oru/tirrmta/ybeconneastab/be unless te+4 the bill with any amendments has been printed,eff4d|otributedtu the members, and�ub6�hedonparting of apposing a �allrjt Proposition the Internet, /n its final form, fb,3t least 72 hours befooe the vote, except th t this notice period m be waived if the Governor has submitted to the L written a � �ten ^~ ~~^~ ''' ^'''~ ~^�^'~'' ^~''''''^'^'~' p~'p~~� ~~�~ ''~^ sbotennen+ that dbpensx�� mxth this notice Period for that '''^'~~^ ^'^''`' ~' the '~''~``'''o b/0/s necessary boadohysua state ofenne as defined /n paragraph Of subdivision (c) of Section 3 of Article X7// £\ that has been declared by the Governor, and the house considering the b/0 thereafter dispenses with the 126 1 Text ufpmpuseuLaw, TEXT DF PROPOSED LAWS PROPOSITION 54CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- info,matiun system shall be made avai|ab|e in the shortest third party--E) paid subsefibers of an Linedlited videe feed feasible time after it iy available tothe Le8ia|etiveCounae|. the '='=,'"'"" ='m"a' m""='a'=" by the Assembly. (c) Any documentation that describes the electronic b) The L of ph d�ita| fonn�softhe infonnation identified 'in Subdivision�7ofuubd/v�� ¢ subdivision 7 nandofparagraph �Y f (a) and is available to the public shall be made available subdivision (b), cf Section BofArticle /Vof the California by means of access by way of the uomputar network Conytdobnnsha//be/nu/udedas part of the buta/ be speoihed inyubdiviy|un (b). d/byoes�//uwedunder�ec�on7.Sof�n�u/e/Yof�he=+"" (d) Personal information concerning a person vvhoaccesses /a Constitution.Ca//fb='' " Any person or arganizati""'' ,,''" the information -nay be maintained only for'lie purpose of providing service tothe Person. SEC 5 2 Section lG248 of the Government Cude is � � � (e) No fee or other charge may be imposed by the amended to read as follows: � Legislative Counsel as a condition of accessing the lO248, Public computer network; requiredlegislalegislativeelegislative information that |o accessible b; way of the cumputer infbnnaLt iun. network specified in subdivision (b). (a) The Legislative Counsel shall, with the advice of the (f) The electronic public access provided by way of the Assembly Committee- on Rules and the Senate Committee computer network specified in subdivision (b) uho|| be in on Ru|es, makea|| ofthefu||owin� informatiun avai|ab|�tu add|tion tu uther e|ectronic ur print diytribution of the the public in electronic form: information. I The legislative calendar, the schedule of legislative �S No action taken pusuant to this section shall be committee hearingo' o list ufma-tero pending or.. the floors deemed to alter or relinquish any copyright or other of both huuses of the Legislature, and a list of the pruprieta;/|nteresturent|t|ement uftheState ofCa|ifomia committees of -he Legislature and their members. e!atingtu any ofthe information made available pursuant to thiss�otiun�(2) T h !e8ia|ativeseuuion' including each amended' enrolled, and SEC. 5. Defense of Initiative Measure. chapteredform of each bill. SEC. 6.1. Section I251.1,7 is added to the Government (2) The bill history of each bi|l in-roduoed and amendod in Code, to read: each current legislative session. 2252J,7, Defense of the California Le&Psla tuns (4) The bill status ofeach b|!| introduced and amended in Transparency Act. each current |eQiy|ativesession. /fan action /obnou.gTh/challenging,,jnwho/eor/noart the (5) All bill analyses prepared by legislative uommitteey in validity of the Ca/476rn/aLegislature Transparency Act, the connection with each bill in each current legislative following shall aAp�y" session. (e) The Legislature yha// con�nue to cun��/yxith the act //6) A audiovisual unless it is declared unconstituhona/ pursuant hoa final b\a� hevebeen �auye� b/ ben/ade L n /uogn/entofan appellate ccurt accordance with paragraph+�' " " (b/ f}�e�' as s e/ forth /n subdivision (c)' "he Attorney 7ofAr�c/e/KoftheCa�/o,n/a Cons�tu�on� Each recording General 'shall defend against any ac�on che//e� �'= /n =h=//'� '�/' "`^""=/b/e '" bh= p"b//chh ""s ' "'" '' � '"^ whole - /n —' the va�d/h/of the act and sha0have an and obwnbmdab/e for 3 m/n/mmn period of 20y=== unconditional right to intervene /n any action addressing 16flowingg the date on which the recording- was made and the validity ofthe act. � k) /f the Atbo:ney Genera' dac//neyb: defend the validity f64(7) All vote information ounoerninQ each bill in each of bhe act /n any act/on, the Attorney General shall current legislative session. nonetheless, file an appeal foonr, or seek� oyx/ew/ of, any f�f�V Anyveto messaQe concerning bill in each current /uognent of any court that determines that the act /s legislative session. /nuuli4 n hm/e or �n par if or/ w g �afe to � �B The California Codes� preservebhestabe� d bo defend the/aw /noonfbrnoty with the Attorney General's constitutional dufyhosee that f94(10/ The California Constitution. the laws of the state are adequately enforced. fIAf(I2) A|| sta�uteuenactedon ura�e,�anuary l' l9g3� �0 Theof�cia/o ts of the act have oVbc / (b} The information identihed in subdivision (a} shall be n�nz to /rneras interveners nrraa/ parties I,,,madeavoi|ab!etothopub!iobymeansofacceysbywayof /nte«sst /nanyuch af fecting the largest nonproprietary, nonprofit cooperative public of the act. K/heoy the Governor and Attorney General have computornetwork. The information uha|l be made available declined to defend the validity of the act the official in one or moraformatu and by one or more means in order �� bm thor�edbu � �h �sta� b h /f to provide'the greatest feasible access to the general public In assertIr.,gg the states interest/n the ua//o/g/nr the act-/n i lion �nn any /ud�ventn �hisytate� Anyparsonwhoauoeuseatheinform access all o, any part of the information. The information invalidating the act may also be made available by any other means ofaccess i1e) Nothingin thisprecludesotherPub�cof�o/a/o 'that would facilitate public access to the information. The �nnn the stsbeb interest m the ua/��b/of the act information that iumaintained in the|egis|ativeinformation asserting oys em that is and maintained by Legislative SEC. 7� Repea| of any Conflicting Statute Proposed at - thePrimaryE|�otiun Counsel aho|| be made available in the aho�es- feasible � time after the information is avai|ab|e in the information If tha LeQis|ature places a measure on the ba||o� for �he system. The infurmation that is not maintained in the June 20I6 primarye|eotion that is approved by a majority Text ofp,uposox Laws 1 127 TEXT DF PROPOSED LAWS PROPOSITION 54:8NTINU0 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- of votes thereon, any provision of that measurethat is PROPOSITION 55 inuonsiyten�with, orinte�e�ain any way with, the purpose or provisions adopted by this initiative measure shaU be his initiative measue is yubmi�ed to the people in accordance with the provisions of Section 8 of Article || of rendered void and without |e8a| effect, the California Constitution. SEC. 8. Severabi|ity. This initiahve m*aaue amends a section of California The provisions ofthis act are severable. If any provision of Constitution thenefoe existin6a provisionsproposed to be thio act ur its application is held tobe invalid, that invalidity deleted are printed in strikeetit type and new provisions shall not affect the other provisions or applications that proposed to be added are printed in da0c tyf)etu indicate can be given efhect in the absence of the invalid provision that they are new. or application. Without !|mitin8 |n any way the generality of the foregoing, the voters declare (l) that the amendments PROPOSED LAW to Section 7 ofAd|u|e 1V of California Constitution are The California Chi|dnen� Education and severable from the amendments 8ofArtide |V Health Care Act of2Ol5 of the California Constitution. (2) that the Legislature's SECTION l, Tit|e. obligations to cause to be made, to make public, and to This measure shall be knmwn and may be cited as "The maintain audiovisual �cordinQa of !egiu|ative proceedings Ca!ifornioChi!dren'y Education and Health Care Protection m are severable fru the nQht of any sy person to record the Aotuf2OI6� " proceedings and broadcast o, otherwise transmit such recordings pursuant to the amendments to Section 7 of SEC. 2. Findings. Article IV` ufthe California Constitution' (3) -hat the right (a) During the recent recession, California out more than to record proceedings |a severable from the right to $56 billion from education, haa|th care and other critical broadcast or othenwise transmit the recordings, and (4) state and local services, These outs resu|ted in thousands that the statutory amendments of this initiative measure of teacher layoffs, increased school u!asa sizes, h|gx*r are severable from the constitutional amendments. college tuition fees, and reduced essential! semioes. Tempora t increases passed by California voters in SEC 9 Amendments ' � � � 20I2 helped to partially oMset some of the |ost funding, The statutory provisions of this act shall not be amended but those taxes wi|| begin to expire at the end of 2016, exoept upon approval of the voters, except that the leading to more deficits and more school cuts. Legislature nnay:amend paragraph (6) of subdivision (a) of (b) Unless we act now to temporarily extend the Current Section lO248uf-the Government Code toextend -the time income tax rates on the wealthiest Californians, our public that recordings aha|l remain accessible to the public schools will soon faua another devastating round of cuts through 1ntemetanddmwn|uadab|ebypaysinQastatute due to |ost revenue of bi||ions of do||ars a year Pub|ic by a m||oa|| vote entered in the journa|, a majority of the schoo| funding was cut to the bone during the recession. membership ofeach house concurring. Our schools and colleges are just starting to recover, and we should betryin8to protect education funding instead of SEC, I0� Conflicting Ballot Propositions. 8utUnQ it a|| over again. We can let the tempo,ary sales tax (a) |n the *vent that this initiative measure and any other increase expire ha|pwmrhin�tami||es, but is not the measure o, measures that relate to the transparency ofthe time to be giving the wealthiest people in California a tux !e8ia|ative process with respect to any of the matters cut that they don't need and that our schools can't afford. addressed herein are approved by a majority of voters at (c) California's future depends on the success of its nine the same e|eot|on' and this initiative measure receives a mi||ion children. Every California child deserves a fair greater number of affirmative votes than any other such chance to become a successful adult. But fur children to measure o, measures, this initiative measure shall control succeed as adu|ts, they must have access to high Quality in its entirety and the other measure o, measures shall be education and health care. rendered void and without legal eif*ct. (d) For children, education and health care are essential (b) If this 'initiative measure and a statutury measure and dependent on one another. Access to a quality education is fundamenta| to the success of Ca|ifornia's .,)I ace on the ba||ot bythe Legislature are approve d by chi|dren Even with adoquate schools, children cannot majority of voters at the same election, the constitutional � ' am*ndmen-s in this initiative measure uha|l control over obtain an education if|||neas prevents them from attending. any statutory measurep!aced on the ballot by the And children growing up � communities without adequate health care are more likely to contract illnesses or have - Legislature to the �ent that the statutu;/ measure chronic medica| conditiony that prevent them from uonf|iots with is inconsistent with or interferes with the ' ' regularly a�endingaohoo|. purpose, intent, or provisions of this initiative measu/e. (e) Underfunding of health care programs also harms (o) |f this initiative measure is approved by voters bu� is California financially. Everynew state dollar spent on superseded in whole or in part by any other conflicting health care for ohi|dnen and their families is automatically measure approved by the voters and receiving a greater atoh�defunds, ThiymeanyeveryearC |i|aurnia number of affirmative votes at the same election, and the loses out on billions of dollars in federal matching money conflicting measure or superseding provisions are that could be used o ensure chi|de and their far,m aubeequent|y held to be invalid. the formerly superseded have access tu health care. provisions of this initia� measure, to the extent (f) Research also shows that early access to quality supe�eded by the yubyequenUy invalidated provisions of education and health care improves ohi|dnen's chances of the conflicting measure, shall!' bese|f-executinQ and given succeeding in school and in |ife. California should domore 'lie full force of law. to ensure tha- the state's children receive the education 128 1 Text of pmpus,u Law, TEXT DF PROPOSED LAWS PROPOSITION 55CONTINUED and hea|th cane the; need tu thr|ve and aohieve their (b) This measure is intended to protect our children by highest potentioi temporarily extending t ;income tax rateswealthy (G) California e �� Californians, instead m awarding ^ xu�� /�^ "/�pp �u , mp , m crowded in the nation. Class sizes are an as oniyhing 80 couples earning more than half million dollars ayear, or pe�ent �q�er than the nabona| avera�e� �he number of individua|searnin� mo/ethan aquadermiUion, Instead of Ca|ifomianutraininQtu be future teachers has dropped se»din8 money back into the p �Dockets of the wealthy, this --' - measure sends the money toa special acoountthat must 50 percent in the |aythwa years ay lass sizes have soared. be spent exo|usive|yto ensure 'that every California child (h) As well, the bud t of California's commun�yoo!!e8ey has access to a quality public education and the qua|ity were slashed during the Great Recession., diminishing the health �are neoesuaryforthem to stay in school and learn. ability of California children-----especially those from |mw' inoome families-to receive career traininQ and an (c) This measure is intended to keep California on its affordable and necessary oo!!e8e education. current track of balanced budgets and reliable funding for sohou|s, community colleges, and health care, preventing (i) Ca|ifomia chronically undedundo health care. Ca|ifurnia a return to the days of chronic budget deficits and funding ranks 48th out of the 50 states in health core spending, outs. making it difficult for children and their families, seniors, and the disabled to access health care. UnderfundinQ (d) This measure Quarantees in the Constitution that the hea|th oare for children |eadu to inoreased nates ofyerious revenuesit raiuesforuchuo!awiU bement dieut!ytuschoo| i||ness, and hiQher |onQ-term medical expenses. Improved districts and community ou|ieQeyfor classroom expenses, reimbursement ut aminist,ative costs. This school funding cannot be forhea servoasepsensure- a children have access todoctors and hospitals. And once a suspended or withheld no matter what happens with 'the hoapita or dootor'a office closes due to chronic state bud8et. unde�undinQ, itoiumesfor everyone in that community. (e} This measure Guarantees in the Constitution that the (j) The California Chi|dnan'a Education and Health Care revenues it raises for health caewi|| bospenttusupp|ement Protection Act of 2015 temporarily extends the higher existing state fundinQfur health care services that qualify income tax rates on couples earning more than half a for matching federal funds. mi||ion du|iars a ;ear-- hos� vvho can most a�urd it-- u (f) A|i revenues frum this measure are subject to local help all' California children stay healthy, stay ingood public audit every and audit by the independent Controller oohuo|y, and have the opportunity for higher education. to ensure that they will be used only |ur the purposes set (h) This measure does n forth in this measuneot inurease taxes on anyone . earning under$25G,OUO, 1t does riot extend the tempurary SEC. 4, Section 36 of Artio|e X||| of the California sales tax increases that voters previously approved. in Constitut|on isamendedto read: 2012, Sso. 36, (a) Fo/ purposes of this section: (0 The income tax revenue is guaranteed in the California Constitution to Qu directly to 'local school districts and (l) "Public Saf�ty8ervicey'' inu|ud�yth� fo||mwinQ� community oo!le8ey, and to help the state pay for health (A) Employing and training pub!ic safety officia|s, uare expenses for low-income children and their fami||es� inc|udin� |aw enforoement personnel, attorneys assigned State funding is freed up to ho!p balance the budget and to criminal pmueedin8u, and court security staff. t n mure devastatinQcutytusen/ic�yfurseniurs �"�"�'' �v� ' (B) K8unaginQ |oca| jails and providing housing, treatment, |ow-income ohi|d,en, workinQfomi!ieu' and small business and uemiues for. and yupewiyion of. ]uveni|e and adult owners. Eve�nnebenefits. of fenders. (m) To ensure all these funds 8o only where the voters (C) Preventing child abuse-, negiract, or exploitation; intend, they are put in a special fund that the, Legislature providing services to chi|dven and youth who are abused, cannot divert to other purposes. None of the se revenues neglected, or exploited, or who are at risk ofabuse, ne8|aut. can be spent on state bureaucracy or administrative costs. o,exploitation, andthefami|iesofthuyechi|den/ providing' (n) These funds will be subject to on independent audit adoption services; and providin8adu!t protective services. every year to ensure they are spent only for the purposes (D) Providing mental health aemioosto Children and adults set forth in this measure, E|ected officials will be subject to reduoe failure in school, harm to self or others, to pmseoution and criminal penalties if they misuse the homelessness' and preventable incarceration or funds, inutitutiona|ization. (o) California has seen massive budget swings over the (E) Pneventin8, tmating, and providing recovery services past 1.5years, with deep deficits and devastating cuts after forsubstance abuse. the Dot-Corn bust and the Great Recession. Maintaining the ytate'y rainy day fund will stabilize the budget, avoid (2) ^201I Realignment Le8s|at|on" means legislation 'the boom and bust oyc|es of the past' and pmteot our enacted on or before Septembe/ 3O. 2012, to implement ohi|dren, seniors, and-disabled Californians fmm cuts in the state budget plan, 'that is entitled 20I1 Realignment school and health care funding during future economic and pmvidesfor the assignment of Public Safety Services downturns. responsibilities to !local agencies, including ro!ated reporting responsibilities. The legislation shall provide SEC, 3. Purpose and Intent. local agencies with maximum flexibility and contm| over (a) The chief purpose and intent of the �ers in enaotinQ th� deoiQn,m administration, and delivery of Public Saiety this measure is to avoid harmful cuts that would reduce Services conais-ent with federal law and funding the quality of education and instruction in California's requirements, as determined by the Legislature. However, |ooa| pub|iu aohoo|y' and to provide adequate funding for 20lI Rea|i t Legislation, sha!! include no new essential health ou/e services for children and family p assigned tu local agencies a�er�anua;/ l, 2Ol2, mambes who are !ega| residents ofCalifornia. except for the ear!y periodic aceenin8, diagnosis, and TEXT DF PROPOSED LAWS PROPOSITION 55CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- tneatment (EPSDT) program and mental health managed that the State provides annual funding for the cost increase. oare. Local agencies shall not be obligated to provide proorams (b> (I) Except as in subdivision (d)2 oummenuing ur levels of service pursuant to new reQu|ations, executive in the 2011-1.2 fiscal year and continuing thereafter, the orders, or administrative directives, described in this following amounty shall be deposited into the Local subparagraph, above the level 'for which fun dinQ has been Revenue Fund 2OIl. asestablished by Section 3OO25of provided. the %Government Code, as follows: (C) Any new prog,am or higher |eve| ofsemioe provided by (A} All revenues. less refunds, derived from the taxes local agencies, as described |n subparagraphs (A) and (B), described in Sections 6051.15 and 5201.I5 of th* above the level for which funding has been provided, shall RevenueandT�xatiunCude, asthoyes�otiunsreadon �u|y notr�quireasubventionoffundsbythe8tatenoruthenwise l. 20I1. be subject to Section, 6 of Article X|!| B. This pam8�aph shall not apply to legislation currently exempt from nu (B) All revees, |ess refunds, derived from the veh|o|e subvenion under paragraph (2) of subdivision (a) of !icenuefeeu described in Section 1I005 of the Revenue Section' 5 of Article X||| B as that paragraph read on and Taxation Code, as that section read on July I' 20I1. January 2, 20I1, (2) On and a ter u|y l. 20lI. the revenues deposited (D) The S-ate shall not submit to the federal government pursuant to paragraph (l) sha|| nut be considered General i an plans or waivers or amendmenty to those plans or Fund revenues onpn�eedsof taxes for puqposesof3ection -� ' -�� ' ! 8 of Article XV| of the California Constitution ' that have an overa ! e�ect of increasing -he cost � waivers, by a |oou| agency for p/o8rams or levels of service (c) (l) Funds depositodin the Local Revenue Fund20Il mandated by the 2O1I Realignment Legislation, except to are continuously appropriated exclusively to fund the the extent that the plans, waivers, or amendments are provision of Public Safety Services by local agencies. required by federal !avv, or the State provides annual Pending full implementation of the 20II Realignment funding for the cost increase. Legislation, funds be used r�imburs�the �tate (E) The State shall not be required to provide a subvention for program costs incurred in providing Pub|iu Safety h of funds pursuant tothis paragraph for a mandate that isServioes on behalf agencies. The m�todo|o8� for imposed by State atthe request of |oca| agency orto a||ucatin8 funds yhu|| be as speoified in the 2011 Rea||�nmentLeQ|a|ation� uomP|y with federa| law, State funds required by this paragraph shall befroma source otherthanthosedeuuribed (2) The couiltv treasurer, city and county treasurer' or in subdivisions (b) and (d), ad valorem property taxes, or other appmpriate official shall create a County Local the Social Services Subaccount of the Sa!ea Tax Acuoun- RevenueFund2011withinthet/easu/yofeachcountyo, uf the Local Revenue Fund. city and county. The money in each County Local Revenue Fund 201I shall be exc|usive|yuyed to fund the provision (5) (A) For programs described 'in subparagraphs (C) to of Public Safety Services by local aQenoiea as specified by (E)' ino|usive, of Paragraph (I) of subdivision (a) and ;here are 20I1 Rea| Qn Q . subsequentuhan8ey in federal statutes or regulations that (3) Notwithu�anding Section 5 of Article X111 B. or any a|tertheuonditionsundervvhiohfederal matohin8fundyas otheroonstitutiona| provision., a mandateufa nevvprogram described in the 20111 Rea|ignment Legislation are or higher level ofsorvice on a local agency imposed by obtained, and have the overall effect of increasing the 201I Realignment Legislation, or by any regulation costs incurred by a local a8anoagency, the State shall' annually adopted o, any executive order or administrative directive provideat least 50 percent ofthe nonfederal share ofthose is sued to imp|ementthat legislation, shall not constitute uoata as determined by the State. mandate requiring the State to provide a subvention of funds within the meaning ofthat section. Any requirement (B) When, the State is a party to any uomp!aint brought in that a local a�enoy �umpy vvith Chapter 9 (oummenuin� af�dera| judioia| oradministrat|ve proceed i rig that invo|ves with Section 5495O) ofPart I of Division 2of Title 5ofthe one or more of the programs described in subparagraphs Government Code, withres pect to performing its Pub|iu (C)to (E)' inclusive, of paragraph (l) of subdivision (a) and Safety Services responsibilities, o, any other matter, shall included in the 201I Realignment Legislation, and there not be reimbursable mandate under Section 6 ofArt|o|e is a settlement o, judicial or administrative order that X||| B. imposes a cost in the formufa monetary penalty ur -has the overall effect of increasing the costs a!ready borne by a (4) (A) Legislation enaoted after September 30' 20I2' local agenuyfur programs or levels ofsemiue mandated by that has an overall effect of inoreasinQ the ousts a|ready !a !! borne by a local aQonoy fo, programs o, !*ve|s of service Realignment L- it ` y provide at least ~ percent of the nonfederal share ofthose mandated by the 20II Realignment costs as determined by the State.. Payment by the State is apply to |oou| agencies only to the extent that the State not required if the State determinesthat the settlement o/ provides annual funding for the cost increase. Local order relates to one or more |ooa| agencies fai|in8 to agencies shall not be ob|iQated to provide programs or perform a ministerial duty, fai|inQ to perform a legal !e:e|s of service required by legislation, described in this ' oubpa�Graph, above the ieve| for which has been obligation. in good faith, oraotinQ in a neQi|genturreckless mannor Provided. (8) Regulations , (C) The state funds Provided in this paragraph shall be directives, imp|- -' executive ordersmentod after October g' 201I'or administrative-hat one from funding sources other than those described in subdivisions (b) and (d) ad va|o,em propedytaxey or the not neoeoyary to imp|ement the 20I1 Rea|iQnment ' ' T� Legislation, and that have an overall effect of increasing Social Services 8ubaccount of the Sales xAcuount of the Local RevenueFund� the costs already borne by local agency Tor programs or |eve|s of service mandated by the 201.1. Realignment (G) |f the State ora local agency fails to perform adu ty o/ Legislation, shall apply to local aQenuieu only to the extent obligation under this section or under the 2OII 130 1 Text of pmpus,u Law, TEXT DF PROPOSED LAWS PROPOSITION 55CONTINUED Realign ment Legislation, an appropriate party may seek updated estimate the amounts previously transferred to judicial relief. These proceedings shall have priority over the Education Protection Account for that fiscal year. ail other civil matters. Vi) In June 2015 and in eve -June from 201.6 to2B-24 (7) The funds deposited in-o a County Local Revenue 2033 inclusive, the Direutorof FinanueshaU make afinal Fund 2011 shall be spent :In clesianed to determination of the amount of additional revenues, |ess maintain the 3tate's e|igibi|!ty for federal matching funds, refunds, derived from the incremental increases in tax and to ensure oomp|ianue by the State with applicable rates made in subdivision (f) |ur the fiscal! year endingtwo federal! standards 8oveming the 3tate's provision of Public years prior. T lie amount of the updated estimate calculated Safety Services. in clause (i) for the fiscal year ending two years prior shall be hnm the amount of this detennination (8) The funds deposited into a County Local Revenue . Fund 2GIlshaU not be used by localagencies tusupplant (D) 1f the sum determined pursuant to subparagraph (C) is Other funding for Public Safety Services. positive. the Controller shalltransfer on amount equal to that sum into the Education Protection Account within lO (d) |fthetaxes described in subdivision (b) are educed or cease to be operative, the State shallannually provideclaysdi th d of fiscal Mth t t i moneys t the Local Revenue Fund 2011 in an amuunt negative, "'=^"''"""=' ='=' ="p="""' '=�"^"=""=�"='` -`- - - -- — — — uuedy tran�es' if an to 'lie Education Protection on equa� to o, greater than the a t t thatq � Account unti| the total reduction equa|u the negative otherwise would have been ,�-'--- -' -- '-- ---�-- amount herein deyc/ibed For purposes of any calculation in subdivision (b).Themethodfordete,min�g�hatamount � shall be described in the 2011 Rea|i t Legislation, made pursuant to u!auae (|) of subparagraph (C), the amoquarterlyt of a quarterly transfer shall nut be modified to -- the -'-'--- be obligated� to provide that amount— — — reflect any suspension or reduction made pursuant to this so |un8 as the local agencies are |�d to Perform th- �-`-� subparagraph. P b|i S � 2011 Realignment Legi |at| If the Statefai| to annually (E) Before june 30, 2018, and before June 30 of each appropriate that amount, -he Controller shall' transfer that -vear from 2019 to 2030, in..clusive, the Directot of Finance amount from the General Fund in pro rata monthly shares shall estimate the amount of'the additional revenues, less LO the Local Revenue Fund 2011.Thereafter, the Controller refunds, to be derived in f-he tollowing fiscal-vear f�orr, the shall disburse 'hese amounts to local agencies in the incremental increases in tax rates made in subdivision (f), manner directed by the 2011 Realignment Legislation. that, when combined with all other available General Fund Hie state oblioations under this subdivision shall have a revenues, will be required to meet: � uu � 'i le Priority claim uu�x�m. ruxu xmx�y .mx .� m^� (i) 7�e /n�n � ��~~�� ieeufSe�� phuhty for moneytube�ta � underSeot|un8ufA�io|e XN �rNa�fo0ow ~ fiscal X and the second priority to pay voter�ppmved debts at foll wing fiscal ar, V he workload budget r n ' o � �gr lread accounted for (e) (I) Toenuue -hat public education is no- harmed in ---�`~ -` --~-- ------ -- the of providingcritical! protection tu |o�a| Public.* �� `'�� -� �� purposes this � �- �� n Protection Account is budget"has t�� ea��i~ or�� Section 3308.05 of' om.ew Services, the cuucuuu �e Government heebyceated |n the General Fundto �oeiveanddisburse /n Code, �� section �� epartment of Finance on Januaty 1, the revenues derived from the incremental increases in �� however.taxes imposedb;thiyyect|on,asspeoified |nsubd|visiunC)� services � s/a8 provided, only those' services that would have (2) (A) Before june SO, 20I3' and before June 30 of been consi 04 ered "currently authoriservices"edservices" under each year from2Ol4tuf-GH�S2O30, inc|Lis ive. theDirector Sect/on J33D8.05n/the Government Code asofJanuag/ of Finanoe shall estimate the total amount of additional I, 2026. revenues, less refunds that will be derived from the ' V9 /n order to enhance the ability / // California school |nurementa| increases in tax rates made in subdivision (f) receive regular, quality health that will! be avai|ab|e fur transfer into the Education care and thereby nnm/nnoe school absenteeism due to Protection Account during the next fiscal year. The Director health-related problems, whenever the Director ofFinance of Finance shall make the same estimate by January lO' estimates that the amount available for transfer into the 20113. fo, additional revenues, !euu refunds, -hat will be 6ducation Protection Account during the ho//ow� fiscal received by the end of the 2012-13 fiscal Year. year exceeds the amount of /evenuey required from~ hthet (D) During the last 10 dayy of the Quarter of each of the account pursuan/ bo subparagraph (E) for that folloviling first three quarters of each fiscal year f,om 20I3-14 to nuue/year, the o/reutorunax/oennfy the re/na/n/qguannmunc 2f18-192O30-32, inclusive, the Controller shall transfer Fifty percent of that remainder, up to a maxii-narnof two into the Education Protection Account one-fourth of the billion do//a/s in any single fiscalyea� shall beallocated total amount estimated pursuant to subparagraph (A) for by the Controliet from the Eduuett/on Protection Account bo that fiscal year, exoept as this amount may be adjusted the California Department ofHealth Care Services on a pursuant tosubparaQraph (D). quarterlybasis to increase funding fo the existing health (C) In each of the fisca| years from 2Ol2-I3to�g�f�� --'- -'-�'-''- -''- services' described �'� -'�--'-' ' (cummenc/ng with Section 24DOO) to Cha i� 89 2032-33 inclusive, the Director calculate -'-' � ' ' (con,/nenc/��with Sect/on 2�700� inclusive, ofpa/f3 of an adiustment to the Education Protection Account, as ' , ' D�m�/on � of the ��/faop and /nu��ubuny Code The spe�if/ed by subparagraph (D), by adding together the funding shall be used only �� c�hca� emergency 'cuba following amounts, as applicable: and preventive health care services -,to children and their (i) In the last quarter of each fiscal year from 2012-13 to te/n/0es, wdedbyhealth cane hey�m band health 6��-+9 2O3�-3I. inclusive, the Director of Finance tec///t�u �hatane0cenuedpurxuan�tuSecbcn225Oufthe shall recalculate the estimate made for the fiscal year Health and8a/e�yCode, andbo hea/�hp/anaoro�h�a tha� pursuant tosubparagraph (A)' and uha|l subtract fromthis nnan4ge the pnoms/on of health care for &Yedi-Ca/ Text ofp,uposox Laws 1 131 TEXT DF PROPOSED LAWS PROPOSITION 55CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- benefiuiariey that any contracting with the California receive ieosthan two hundred do||acs ($2OO) per unit of Department of Health Care Services -,to provide health average daily attendance. benefits pursuant tu this section. (4) This subdivision is self-exec utinQ and requires no (G) The allocation providedsubparagraph �� b legislative aotionto take effect. Distribution of the moneys sijspendedb.vst,3ttjte,dt,,ri.ng a fiscalyear in which a budget in the Education Protection Account by the Board of emergency has been declared, provided, however, that the Guovernors of the California Community Colleges and a8ocation shall not be reduced beyond the proportional Superintendent ofPublic Instruction shall not bedo!ayed reduction /n oxeoe// General Fund exPendt for that or uthervise affected by failure of the LeQis|ature and year For purposes of this section, "budget eme 'h !a 8 pursuant to Ube renne meaning as in paragraph (2)cf subdivision 8Vof Section 12 of Article |X by invocation of paragfaph Section 22 of Article XkY. subdivision (h) of Section 8 of Article XV|, or by any other (H) The funding provided t+ to subparaggraph (F) action or failure to act by the Legislature orGovernor. shall not be used to supplant existing,state General Funds (5) Notvvithstandi rig any otherprovision. ofiaw, the moneys ,'or the nunfedeoy/ share of payments for those pirograins deposited in the Education Protection Account for 3nd, consistent with federal' /amK shall be used to obtain educabonyhai| nut be used to pay any costs incurred by hedem//nnubrh��eoVca/dfundo� tho Le�iy|ature, the �oxorno,' or any a�enuy of state (3) All moneys in the Education Protection Account are government. he,eby continuously appropriated for thesupport ofyohou| (G) A oommunit; college district, county Office Of districts, county offices of eduoat|on' oharteraohoo|a' and educotion, school distrio-, or charter school shall have sole community college districts os set forth in this paragraph, authority to determine how the mune;y received frum the and for health care as set hoirth /n subparagraph (F.) of Education Prutection Account are spent in the school or paua,aroph �Y� ychuo|swithin ityjurisdiction, provided, however, that the (A) Eleven percent of the moneys appropriated for appropriate governi board or body shall make these education pursuant to this paragraph yha|| be a||ooated spending determinations in open session of a public quarterly by the Board of Govern'rs of the California meeting ofthe governing board or body and shall not use anyofthefundsfrom the Education Protection Account Community Co||eQes to community college districts to provide general purpose funding to community college for salaries or benehto of administrators or any uther districts in proportion to the amounts determined pursuant administrative costs. Each community cu!|oQe diytriot, county office of education, school district, and charter section 8475O�5 of the Education Code. asthatoude ' ' d ' approval school shall annually publish on its Internet VVebsite an November 20I2. Thea||ooionsca|cu|ated pursuant to acouunting of how much money wus received frum the this subparagraph shall be offset by the amountsspeoified Education Protection Account and how that money was in subdivisions (a), (c), and (d) of Section 84751 of the spent. Education Code, ay that section read (7) The annual independent financial and compliance on Nouennber6' 20I2, that are in excess of audit required of community college districta, county the amounts calculated pursuant to Section 84750.5 of of uf eduoation, school districts, and charter yohouis the Education Code. as that section, read sha||' in addition toa|! other requirements of |aw�suertain Novemberapproval of this fteetion on 6, 20I2, provided and verify whether the funds provided from the Education that nocommunity college district shall receive !ossthan Protection Account have been properly disbursed and une hundred dollars ($IOO) per full time equivalent expended as required by this section, Expenses incurred student. by those entities to comply with the additional audit (B) Eighty-nine percent of the moneys appropriated for requirement of this section may be paid with fundin8f,um aducebon pursuant to this paragraph yha|| be allocated the Education Proe� ion Account and shall nu be t t quarterly by the Superintendent of Pub|ic Instruction to consid*red administrative costs for purpoues of this provide general purpose-funding toschool distriota, county section. offices ofeducation, and state genera| purposefundingto (8) Revenues, less refunds,derived pursuant tuSubdivision charter schools in proportion to the revenue limits (f) fo, deposit in the Education P,u-ection Acuoun- ca|cu|ated pursuant to Sections 2558and 42238ofthe pursuant to this section shall be deemed "General Fund Education Code and the amounts calculated pursuant to revenues." "General Fund proceeds oftaxes'" and '^moneyu Section 47633ofthe Education Code for county offices of tobeapplied by the State for the support of school! districts eduuation. school districts, and charter schools, and uommunity college districts" for Purposes of Seotion 8 respectively, d as those sections re of Article XV|. � i�g**��n on November 6 2022 The amounts yu co|uu!ated shall be offset by the amounts �pecfied in (f> (l) (A) 1n addition to the taxes impoyed by Part l �� (commenuin8 with Section 5DUl) of Division 2 of the subdivision (o) of Section 25�8uf paragraphs (I)throuQh ' Revenue and Taxation Code for the privilege of se||inQ (7) of yubdivision (h) of Section 42238 of, and ' Section.. 47635 of, the Education Code for county Offices tangible Persona! property atretai|, a tax iyherebyimpouad of educotion, school distrio-s' and charter schools upon all retailers at the rate of 1/4 percent of the 8ruys respectively, as those sections --- -,—� '-'-� -,,�-'- receipts of any retailer from the aa|eof all tangible personal �D property at retail in this State on and after l#�s+�*�ee on November G' 22, that are in excess of 7� ' 2Ol3' and beforejanuary l 2Olthe amounts p , , 42238, and 47633 of the Education Coda for county (B) !n addition to the taxes in�)osedby Part l (uommencing offices of education, school districts, and charter schools, with Section 6OOl) of Division 2 of the Revenue and respectively, aa those seotions read Hpan Vater approva Taxation Code' an excise tax is hereby imposed on the on November 6 2012, provided that noschoo| storage, use, o,other consumption in this State oftangible district, county office of education, oroharterschool aha|l personal property purchased from any retailer on and after 132 1 Text of pmpuseu Law, TEXT DF PROPOSED LAWS PROPOSITION 55CONTINUED January I, 2013, and befovajanua l 2017, for stura rate is ll3 percent uf the excess over fuur hunded eight use, or other ion in this sta-e at the rate of 154 thousand dollars ($408'000). percent of the sales price of the properly. (iii) For that portion of taxable income that is over six (C) The Sales and Use Tax Law, inoiudiriQanyamendm o ents hundredei�htythousanddo||a ($68O,OOO), thetaxrate enactad on or after the ef�ctive date ofthis section, shall' is 12.3 peocent of the excess over six hundred eighty apply to 'the taxes imposed pursuant tothis paragraph. thousand dollars ($580.000). (D) This paragraph shall!' become inoperative onJanuary l, (B) The income tax brackets specified in clauses U), (ii)' 2617 and (iii} uf subparagraph (A) shall be recomputed, as (2) For any taxable year beginning on or after January I' otherwise provided in subdivision (h) of Section, 1704I of the Revenue and Taxation Code only for taxable years 20I2. and before -January l ��9 ��2 with respect ' , ' ' —,- the tax imposed pu rsuarittuSection. beginning on and a�ar�anuary I' 20I3 l7U4IuftheRevenue , and Taxation Code, the |nuomatax bracket and the rate of (C) (i) For purposes of subdivision �� of Sect! I9136 93 percent set forth in pura8,aph (l) of subdivision (a) of of the Revenue arid Taxation Code this paragraph shall b Section l7O4lof the Revenue and Taxation Code shall be considered tobeuhapteredun the date it be( ie-s effeetive modified by each of the following: Nomen/ber6, "2D22. (A) (i) For -hat portion of taxable income that is over two (ii) For purposes of Port lO (oummencin8 with hundred fifty thousand do||uo C�25O--OOO) but not over Section I7001) of, and Pad IO2 (commencing with three hundred thousand dollars the tax rate is Section l84O�) of, Division 2 ofth-Revenue and Taxation 1D.3percen-of the excess over two hundred fiftythousand Cude/ the modified brackets and tax rates established do||as (1125O.00O). and imposed by this paraGraph shall be deemed to be Ui} For that portion uftaxab|e '.,.come that is over *,three established and imposed under Section I704I of the hundred thousand dollars ($200.01 Revenue Code OO) but not over five . hundred thousand dollars ($5OO,OOO). the'Lax rate isll3 (D) This paragraph shall become inoperative on percent ofthe excess Over three hundred thousand dollars December l, 28192031, `+300'000/. (Q) The Contro||e: pursuant to his or her statutory For that portion of taxable income thot is over five authority, may per o,m audits of expenditures from -he hundred thousand dollars ($5OO,OOO), the tax rate iyl2.3 Local Revenue Fund 2OlI and any County Local Revenue percent of the excess over five hundred thousand dollars Fund 20I1, and shall audit the Eduua�ion Protec�ion ($5OO.00O). Account to ensure that those funds are used andacuoun-ed or in a manroonyioentwith thissection(B) The inoometax brackets specified in clauses (i), (ii), and (iii) of subparagraph V\> shall!' be recomputed, as (2) The Attorney General or |oca| district attorney shall otherwise provided in subdivision (h) of Section I704I of expeditiously investigate, and may seek civil or criminal the Revenue and Taxation Code, ony for taxable years Penalties for, any mis Ise of moneys from the County Local beQinningon and after January I, 2013. Revenue Fund 2OIlur the Education. ProtectiunAouount. (C) (i) For purposes of subdivision (g) of Section I9I36 SEC. 5. Conflicting Measures. of the Revenue arid Taxation, Code, this paragraph shall b In the event that this measure and another measure that considered tobeohapteredon affects the tax rates for personal inoomesha|| appear oil Nomen,,be/6, 2012. the same statewide ballot, the Provisions of the other Ui) For purposes of Part lO (commencing with meauure or meauurey sha!! be deemed to be in conf!iot �eotion I7OOI) of, and Par' lO�2 (commencin8 with with this measure. |n theeventthatthis measure receives Section 18401) of, Division 2of the Revenue and Taxation a greater number of a�irmative votes than a measure Code. -the modified tax brackets and tax rates esLab!ished deemed to be in conflict with it, the provisions of this and imposed by this paragraph shall be deemed to be measure sha|| prevail in their entirety, and the other eutab|ished and imposed under Section 17041 of the measure or measures shall' be nu|| and void. Revenue and Taxation Code. SEC. 6. Severabi|itv (D) This paragraph shall become inoperative December �f��) 2O�J |f the provisions of this measune, or part thereof, oe for l ' � any reason held to be invalid o, unconstitutiona|, the (3) For any taxable year beginningon or after January I, remainin8 provisions shall notbeaffeoted, but aha|| remain 20112. and before January I 69192032 with respect to in full force and effect and to this end the provisions of the tax|mposed pursuant toSection. I7O4Iuf the Revenue this measure are severable. and Taxation Code the income bracket the rate' SEC. 7. Pmponent8tandin8. 9.3 percent set forth in Paragraph (I) of subdivision (c) of Seot|on 17041 of the Revenue and Taxation Codesha|| be NotLwithstandin8 any other provision of law, if the /tate, modified by each, of the following: government agency, of its officials fail to defend the (A) (i) For that portion uf taxable income that is over three constitutionality- - - — of thi-'- measure, f--'n° its approval by the voters, any other government employer, the pm nent. hundred forty thousand dollars (�34[lOOO) but not o«er or in his or her absence, onyoitizen of this state sh'!' have four hundred eight thousand do||ars (�4O8'GOO)' the tax the authority to intervene e in any court action challenging rate is 10.2 percent of�he excess over three hundred fo�y the oonatitutiona|dy of this measure for the purD-'a Of thousand du||ars ($340,000). defending its constitutionality, whether such ction in (ii) Fur that pu�ion of taxabie |n�ume that iy ov�r four tria| uou�, on appea|, or un diyor*tionary review by the hundred eight thousand dollars ($4081000) but not over Supreme Court of California or the Supreme Court of the six hundred eighty thousand dollars (�580.000). the tax United States. T lie fees and costs of defending the action Text ofp,uposox Laws 1 133 TEXT DF PROPOSED LAWS PROPOSITION 55CONTINUED shall be a charge on funds appropriated to the Attorney according to the U.S. Centersfor Disease Control and General, vvhich shall be satisfied pmmptiy. Prevention, e|eotmnic ci2anette use among this group SEC. 8. Effective Date. tripled from 20I3to20I4. This measure shall take effect immediately upon passaQe. (g) Research into the causes, early detection, and effective treatment, cane, prevention, and potential cures of all types can cer,' cardiovascular and lung disease, oral PROPOSITION 56 ise, a — c ---'--- diseasasvviU ultimately save This initiative measure is submitted to the people in lives and save state and |ooal govemment money in -he accordance with the provisions ofSection 8cfArticle || of future. the California Constitution. (h) There is an urgent need for research in California for This 'initiative measure adds a section to the California new and effective treatments for all types of cancer, Constitution and amends and adds sections to the Revenue oardiovascu|arand !un8disease, oral disease, and �ob0000- and Taxat|on Code/ therefore, existingprovisions proposed related diseases. Such research transforms scientific tu be deiet�d ae pr|nted in and new discoveries into dinioa| applications -hat ,educe the provisions proposed to be added are printed.in /t3. 0chpe inuidenoe and mortality of such diseases and conditions. to indicate that they are new, (i) Funding prevention programs designed to discourage- individuals, Particularly youth from taking up smoking PROPOSED LAW and the use of other tobacco products through health The California Healthcare, Research and prevention education and health promotion programs will save lives Tobacco Tax Act of 2Ol6 and ya;a state and |oua! �uvemment money in thafutura, SECTION l. Findings and Declarations. (i) A reinvigorated tobacco control program will allow targeted Public health efforts to combat the tobacco (a) Tobacco use is the sinQ|e most preventable cause of indust,y's p,edatory marketing to ethnic groups, driving death and disease in California, claiming the |ivey of mo»a down smoking rates and ultimately reducing cancer, than 40,000 people every year. Each year thousands of cardiovascular and lung disease, oral disease, and tobacoo- Ca|ifomianu require medical and dental treatment as a re!ateddiyeases in these California communities. result of tobacco use. (k) Funding implementation and administrative programs (b) Healthcare treatment of all types of cancer, to support law enforcement efforts to reduce illegal sales card iovayou|arand |unQdisease, oral disease, and tobacco- of tobacco products to minors, cigarette umug8|~n8, and related diseases continues to impose a significant financia! tobacco tax evasion will! save lives and save state and local burden upon 'California's overstressed healthcare system. government money in the future. Tobacco use costs Californians more than $13.29 billion |n healthcare expenses eve yea� of which � 3�5b|||ion is (0 Ca|ifurniafa�esayho�aQeufphyai�ianyanddentiststo ' meet the growinQ hoa!thca�o needs of its ,euiden�� A� o paid for bytaxpayersth,uuQh exiytinQ hea|thoare pr � '~�— result., access to primaryand oral healthcare, treatment for and services that Provide healthcare, treatment, and ' ' services for Californians. The cost of |ost productivity due tobacco-related diyeau*s, re8u!ar check-ups and other �otobacco use adds an additional estimated$IO.35billion u'�ent healthcare needs will suffer, California taxpayers to the annual economic ounsequenoey of smoking and support the education of thousands of medical and dental tobaccu use in Ca!ifomia� students every year, yet because of limits on the number of residency pnoQrams. many ofthose Physicians and dentists id �n inonaase in the tobaocutax is an appropriate way to are forced out of state to continue their training, ieavin8 decrease tobacco use and mitigate the costs of healthcare patients in California without access to care. Funding treatment and improve existing prograrns providing for imp|�mentation and administrat|ve pnuQrams that will help quality healthcare and access to healthcare services for ke*p hundreds more doctors in California every year to famii|esand children. It will save lives and save state and irrinrove the health ufCa|ifomianswill save lives and save |uca| 8ovemment money in the future. ' � state and local government money in the future. (d) An increase in funding forexistinQ healthcare prugrams (m) Medical studies have shown that the smoking of and services that treat all types of cancer, card iovasou|ar cigarettes and use of other tobacco products affects oraland lung disease, oral disease-, and tobacco-re|ated health by causing dental disease, indudinQQum disease diseases and conditions will expand the number of andbone !uas. oancersofthemouthandth,uat. onduevore hea|thoare providars that treat patientavv|th such diseases tooth wear. Smoking causes half of the cases of gum and conditions. Funds spent fo, this can be used disease, which results in increased tooth loss. Oral cancer to match federal funds/ with the federal Qo«emmant nsk for smokers is at least six timeo higher than for putting up as much as nine du||ary |ur every dollar spent nonsmokers and 75% of all oral cancer in the United from this fund. States is reiated to tobacco use. Oral cancer risk for (e) Most electronic cigarettes contain nicotine which is smokeless tobacco increases 5O�o!d over nonsmokers. � derived from tobacco and is o highly addictive drug. There is an association between maternal omokinQduhn8 Electronic cigarettes are currently not yubeot to any proQn clef and �� lip development in fetuseu. Tobacco -oba000 taxation' making them cheaper and Potentially cessation reduces the risk ufmouth and throat cancer by more attractive, especially toyoung peup|e. 50%. Funding pnograms that educate prevent and treat dental diseases, |no|ud��thuoeoauyedbyuseuftubaouo (f) Thene one more than 47O electronic cigarette b,andu ' --' fur sale today offered in over 7 7OU flavors |no|udin� will improve the !ivey of Californians and save state and candy�|avorathatappea|toyouth' 'uchayCaptainCrunch. |oua| Qovemment money in the futura. gummv bear, cot candy, Atomic Fireball, and fmit (n) Increasing the cost ofci8orettea and tobacco products |oups. The fastest 8rmwinQ age range fur e|eot,unic is widely recognized as the must effective way to reduce cigarettes is middle school and high school students and smoking aoruua California, especially by young people. The 134 1 Text ofpmpus,uLaw, TEXT DF PROPOSED LAWS PROPOSITION 5GCONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 2OOU U.S. Surgeon General's Report, Reducing (a) ^Cigaretes"has thesame meani rig asin Section 3O003, Use found that raising tobacco d LiCt prices decreases as it read onjar-Wary I. I988. the prevalence "' "tobacco use, particularly among kids and (b) "Tobacco products" ino|udes, but iy not limited to, all- young adults, and that tobacco tax increases produce ^substantial | i i health." F i --- ' - reviraw of existing research, the report concludrad that at least 159 pereent, tabaece a pnoduct containing, nade, raising tobacco taxes is one of the most effective tobacco or derived from tobacco or nicotine that is intended for prevention and control strategies. Reduci rig smoki rig saves human consumption, -whether smoked, heated, chevved, Hves and saves state and local government money in the absorbed, dissolved, inhaled, snorted, sniffed, or ingested future, by any other means, including, but not limited to, cjFars, (o) Because increasina the tobacco tax wil| reduce smoki na little cigars, and the use cf other tobacco products, 'it is important to does not include ci nett 7o6aproducts shall also protect existing tubaoco tax funded pro�,ams f,um a /nc/ude ekac�nrn/c cigarettes. 7bbacco products shall' not decline in tax revenuaa. include any product that has been approvedby the United (p) California currently cigarettes at only �O�87 per �tafesFbodandD/vs Adn /nis�ohon for sale asatobacco p �/ npucfor for other theoe f/cpuqrose« where3 to cessaod ao�, an nb , �he lowest tobacco taxes in the United States. As of thatproductisno3okebedandso�dso��rsuohaApnoved January, 20I6. the national average will be $1,60 per use Tobacco products does not include any food prnducts pack. Thirty-two t t have cigarette that bynn /a defined pursuant to Section 6359te tax rates of �I per Pack or higher. and Ca!ifo,nia is well below other western i'c) ^E7ecbon/o oiganettes" means any device or dcean/ ebn� �3�U2 / Oreun� � � l� �evada. enn sold /n combination w nicotine � /ohstates (Washin8tu e $I.80; and� Arizona �2) California last raised its tobacco used to de0mer to a person n/co�ne /n aer0006ied or� � tax in19�8. vaporized form, includin& but.not limited to,an e-cigarette, SEC. 2. Statement of Purpose. =-"gar, =-p'pe, ,ap=pen, = =-''"""='. Electronic cigarettes /nc/udea11,_V r �y f ut device The purpose of this act is to increase the tax on tobacco that /s used during the' eof/on ofd\edev/ca when sold | � / and other tobacco prod ucts, inch t , n - � - in order to: nicotine, Electroniccigarettes also include anY liqUid or(a) Save the lives of Californians and save state and |ooal subscsnoe oonre/n/qg,n/conne\ whether sold o o/ government money in the future by reducing smoking and sold in combination with any device that could be used to tobacco use among all Californians' but partiou|ar|yyouth. da//ver to a person nicotine /n aerosolized or vaporized /hnn E�chnn/cc�oop�eydo not include any device not (b) provide funds to increase funding for existing yo/d�nconnb/nabonw�bhany�qu/dor�u��tsncaconbe/n/�� heu|thcare programs and services that treat all tYPes of n�cc-e oreoyb*�eg< battery charger, u*ae m, cancer, cardiovascular and lung disease, oral disease, and oth--''- esso � d / �h ho of the--�'''�dev/ ' /f tobacou-related diseases, expand the number ofhea!thca,e - -- �� - --- �� - - pmvidens and --- -`---'- -''- -'�----- --� �-' ''---- -� ' Product dby the UndedSta�eFood and services. - -,�'-'- � and Drug Administration for sale as a bnbacco cessation (c) Provide fundy to support research into the causes of Product or for other therapeutic Purposes mtane that and cures for all types ofcancer, cardiovascular and lung product/o marketed and sold / for such approved use. diseose, oral disoaae, andtobaccu-re!a-ed diseases, and to As used /n this subdivision, nicotine does not /nu/udeany transform such scientific discoveries into c|inioa| /hmd productsau that term, /s defined ouryuant to Section applications to reduce the incidence and mortality ofsuch 6359, diseasesarid conditions. fei (d) ''Fund" meanutha Cigarette and Tobacco Products (d) Provide funds to support prevention prograrnsaimedat Surtax Fund created by Section 30I22. 01aoouraQin0 individuals from using cigarettes and other SEC 32 Section 3Ol3I luftheRevenueandTaxatiun tobacco produots, ino|udinge|eot/onic cigarettes. Code iva' endodto read: (e) Provide funds for implementation and administrative 3013I l Thefo||owinQdefinitions apply for purposes of Purposes to reduce cigarette Smugg|h�� tobacco tax this article: evasion, and illegal sales of tobacco products to minors, fund medical training for new doctors to treat diseases, (a) "Cigarette" has the-same meaning auin Section SO0O3. including those caused bytobacou use, andfundprograms asit read onJanuaryl, I997, to prevent and treat dental diseases, inoiuding those (b) ''Tub d " cauaedby-ob0000uue. (f) Protect existin8 tobacco tax funded p/oQrams, which cur' rentiysave 'Californians millions of dollars in healthcare costs. sxeo have the same meaning /nsuoo/ms/on (b) of Sect/on 3DI22 as amended by the Ca//�vr/a (g) Provide a full acouuntingof how funds raised are sPent Healthcare, Research and Prevention Tbb3cco Tax Act of' to further the purposea of this act without creating nevv 20I6, bureaucracies. SEC. 4� The California Healthcare, Research and SEC 3 Definition of Products. � � . Prevention Tobacco Tax Act of 20115. SEC, 3.1. Section 30121 of the Revenue and 'Taxation SEC. 4 I A/tio|e 25 (oommenoing with Code iy amended to read.: � � � � � Section 30I30.50) is added to Chapter 2 of Part 13 of 30I21., For purposes of this article: Division 2 of the Revenue and Taxation Code. to read: Text ofp,uposox Laws 1 135 TEXT OF PROPOSED LAWS PROPOSITION 56 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Article 2.5. California Healthcare, Research and (b) (1) Every licensed cigarette distributor, for the Prevention Tobacco Tax Act of 2016 privilege of distributing cigarettes and for holding or storing cigarettes for safe, use, or consumption, Shall Day a 30130.50. Definitions, cigarette indicia ad ustment tax for each California For the purposes of this article: Cigarette tax Stamp Jthat is affixed to any package, of' (a) "Cigarette" has the same meaning as that in cigarettes. and for each unaffixed California cigarette tax Section 30003 as it read on January 1, 201.5, stamp in its possession Or Under its control at 12:01 a.m. on the first (lay of the first calendar quarter commencing (b) "Tobacco products" has the same meaning, as that in more than 90 days after the effective date of this act at the subdivision (b)of Section 30121, as amended by this act. following rates: " 30130.51. California Healthcare, Research and (A) Two dollars and fifty cents ($2.50) to,, each stamp Prevention Tobacco Tax Act of 2V1 6 Cigarette Distribution bearing the designation "255." Tax. (f B) TWO dollars($2)for each stamp bearing the designation (a) ,in addition to any other taxes imposed upon the "20, distribution of cigarettes under this part, there shall be (C) One dollar($1)to each stamp bearing the designation Imposed an additional tax upon every distributor o,t "10. cigarettes at the rate of: one hundred mills ($0.100) leer each cigarette distributed on or after the first day of the (22) Every licensed cigarette distributor shall file a return first calendarU13rtercommencingamore than 90 days after with the board on or before the first day of the first calendar q the effective date of this act. quarter COMMOnCing 180 days after the effective, date of this act on a form, prescribed by the board, showing, the (b) The board shall adopt regulations providing for the number of stamps 'described i1i subparagraphs (A), (B), implementation of an equivalent tax on electronic and C. " ) of paragraph (1). The amount of tax shall be I cigarettes as that term is defined in subdivision (c) of Computed and shown on the return. Section 30121, and the methods for collection, of the tax. (c) The taxes required to be Daid bv this section are due Such regulations shall include imposition, of an equivalent and payable on or before, the first day of the first calendar. fax onan Ieviceintenlelt'obeiiselt'o,,Ieliverae,,-,osolized quarter commencing, .780 d, 'Y ai/s after the effective- date of Or vapo rized nicotine to the person inhaling from the device this act. Payments shall be made by rem tances payable itL when sold separately oarately or as a package; any component, to the board and the pave-rents shall accompany the return ,Dart, or accessory Of Such a device that is used during the and forms required to be filed by this section. oPeration, of the devI;ce, whether sold separately or as a "( package with such device; and any liquid or substance (J) Any amount required to be paid by this section that Is containing nicotine, whether sold separately or as a not timely paid; shall bear interest at the rate and by the package i,41ith any device that would allow it, to.be inhaled. method established pursuant to Section 30202 from the, Such regulations may include. but are, not limited to. first day of the first calendar quarter commencing 180 definir,l,L, who is a distributor I of electronic cigarettes days after the effective date ot, this act, until, paid, and pursuant to Section 30011 and the lillensi.ng requi.remen,ts shall be subject to determination,, and redetermination, and am respect an such person. . penalties provided .Ali-1h respect to determinations Y and redeteriminations, (c) Notwithstanding any other provision of this Dart, all 3()13C. 53. California Healthcare, Research and revenues resulting tram the tax imposed by subdivision (a) Prevn Tobacco Tax Act of 2016 Fund. and all revenues resulting from the equivalent increase i,n reventi alifornia Healthcare, Research and Prevention' the tax on tobacco products, including electronic cigarettes. (a) The C imposed by subdivision (h) of Section 30123, shall be Tobacco Tax Act of 2011 6 Fund is hereby established in the ,deposited into the Callfornia Healthcare, Re-search and State rre-asurv- Prevention Tobacco 'Tax Act of 2016 Fund created by (b) Ali revenues raised pursuant to the taxes imposed by Section 30.130.53. this article, less refunat made pursuant to Article I 30130.52. California Healthcare, Research and (commencing' with Section 30361) of Chapter 6, shall' be Prevention Tobacco Tax Act of 2016 Cigarette Floor Taxes, deposited into the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund. (a) (1) In addition to any other tax, every dealer and (c) Notwithstanding any other law, the Cal'ifornia wholesaler, for the privilege of holding or storing cigarettes Healthcare, Research and Prevention Tobacco Tax Act of to.,sale, use, or consumption, shall pay a floor stock tax for 11 each cigaret I to in its possession or under its control in this 2016 Fund is a trust fund established solely to carry out. the purposes ofthiS act and all revenues deposited into the state at -72:01 a.m. on the first day of the -first calendar California i-lealthcare, Research and Prevention Tobacco quarter commencing more than 90 days after the effective T3x Act of 20M Fund, together with interest earned by the date of this act at the rate or'one hundred miffs ($0.100) fund, are iereby continuously appropriated for the to.,each cigarette, purposes of this act without regard to fiscal year and shall Fve_,y dealer and wholesaler shall file a return with the be,expended only in accordance with the provisions of this board on or before the first day of the first calendar quarter act and its Purposes. commencing more than 180 days after the effective date (d) Notwithstanding any other law revenues deposited of this act on a form prescribed by the board, showing the into the California Healthcare, Research and Prevention number of cigarettes in its possession Or Under its control Tobacco Tax Act of 2016 Fund, including any interest in this state at. 12:01 a,m, on the first day of the first earned by the tend, shall only be used for the specific c calendar quarter cornmeric,ing nore than 90 days after the purposes set forth in this act, and shall' be appropriated effective date o't I this act. The arnount, of tax shall be and expended only for the purposes expressed in this act- computed and shown on the return. and shall not be subject to appropriation, reversion, on, or 136 1 Text of ProrYlsed Liaws TEXT OF PROPOSED LAWS PROPOSITION 56 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- transfer bv the 'Legislature, the Governor, the Director of 30130,55. California Healthcare, Re-search and Finance, or the Controller for any purpose other than those Prevention Tobacco Tax Act of 2016 Distribution of specified it, this act, not,shall such revenues be loaned to Revel, l the General Fund or any other fund of the state or any local After deauctfin.gT and transferring the necessary funds government hund, pursuant to Section 30130.54 and subdivisions (a), (b), 30130.54. California Healthcare, Research and (c), (d), and (6) of Section 30130,57, the Controller shall Prevention Tobacco Tax Act of 2016 Effect on Tobacco annually allo..cate and transfer the remaining funds in the Consumption and Tax Revenue. California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund as follows: (3. ) The board shall deter-mine within one year of the "a -tmo effective -tive date Of this act, and annuafly thereafter the ( 0 Eighty -, percent shall be transferred to the 'axes imposed on cigo. I IC L '�s Healthcare `Treatment Fund. ./,//7' h is hereby created, and effect that the additional I 2arett __ bv shall be used by the State Department of Health Care this article, and the resulfing increase in the tax on tobacco Services to increase funding for the existing healthcare products required by subdivision k1b) of Section 30.723, programs and I servi.ces des,ribed in Chapter 7(commencing have on the consumption of cigarettes and tobacco with Section 14000) to Chapter 8.9 (commenchng with products in this state. To the extent that a decrease in Secil.(,it, 14700), inclusive, ol, Pant 3 of Division 9 of the consumption is determined by the board to be a direct It and Institutions Code, including those that provide result of the additional tax imposed on cigarettes by this healthcare, treatment, and services for Californians with article, and the resulting increase in the tax on tobacco I I-P tobacco-related diseases and conditions, by providing I - products required by subdivision (b) of Section 30123, improved payments, for al healthcare, treatment, and "tie board shall (Jet rrrine the fiscal effect the decrease in services described in Chapter 7 (commencing with consumption has on the Cigarette and Ibbacco Products Section 14000) to Chapter 8.9 (commencingAlith Surtax Fund created by Section 30122" (Proposition 99 as Section On 14700), inclusive, of Pant 3 of Division 9 of the approved by the voters at the November 8, 1988, statewide Welfare and Instit-tAtions Code, 7-1) the extent-possible given general election), the Breast Cancer Fund created by the limits of Under funding this c- I is art1le; I , payi-nents and Section 30461.6, and the California Children and Families -support for the nonfederal share offpayments for healthcare, Trust Fund created by Section 30131 (Proposition 10 as services, and treatment shall be increased based on criteria approved by the voters at the November 3, 1998, statewide developed and periodically updated as pant of the annual general election), and the revenues derived from, state budget process, provided that these funds shall not Section 30101. be used to supplant existing state general funds for these (b) The Controller shall transfer from. the California same purposes. These .criteria shall include, but not- be Healthcare, Research and Prevention Tobacco Tax Act of limited to, ensuring timely access, limiting 'specific 2016 Fund to those affected funds described in subdivision geographic shortages of services, or ensuring quality care. (a) the amount necessary to offset the revenue decrease consistent with federaf law, the funding shall be used to draw down federal funds, The funding shall be used only directly resulting from the imposition of additional taxes by ovided by health .care professionals, .cl;nics, t tor care for I th,is article. health facilities that are licensed I pursuant to Section (c) The board shall deter-mine within one year of the 1250 of the Health and Safefv Code, and to health plans effective , ctive date Of this act, and annually thereafter, the contracting with the State Department of Health Care effect, if any that the additional taxes imposed on Services to provide health benefits pursuant to f his sect i0n. cigarettes by this article, and the resulting increase in the The -funding can be used for the nonfederal share of tax on 31.,1,Men,'S from governmental entities where applicable. tobacco products required bY subdiv.ision (b) of P I Section 30123, have on the consumption of cigarettes The departr0ent shall, it required, seek any necessary and tobacco products 'in this state, including from the federal approval for the implementation of'this section. illegal sale of cigarettes and tobacco products. To the (b) Thirteen percent shall be used for the purpose of extent that there is aloss ofstate or local government sales funding comprehensive tobacco pireventi l. .on and control and use fax revenues and such loss is determined by the programs, provided that these funds are not to be used to board to be a direct result of the additional tax imposed on supplant- existing state or local funofs for these same cigarettes his article, and the result; . the purposes. These funds shall be apportioned in the following - ttes by this mg increase in h tax on f'obacco Products required by subdivision (b) ()f mariner: Section 30123, including from, the illegal safe ofc-,garetfes "!) Eighty-five percent to the State L.Wartment o.t Public and tobacco products, the board shall determine the fiscal 'Health Tobacco-Control Program to be used for the-tobacco effect on state and local government sales and use tax control programs des..cribed beginning at Section 104315 revenues. of the Health, and Safety Code. The State Department of (d) The Controller ifer sha'if transfer from. the California Public Health shall award funds to state and local Healthcare, Research and Prevention Tobacco Tax Act of governmental agencies, tribes, universities and colleges, 2016 Fund to the general fund of the state and those community-based organizations, and other qualified affected local governments described in subdivision (c) agencies for the inplernentation, evaluation, and the amount necessary to offset the state and local sales dissemination of evidence-based health proi-notion and L and use tax revenue decrease directly resulting from the health communication activities In order to monitor, evaluate, and reduce tobacco and nicotine use, tobacco- imposition of additional taxes by this article, Including related disease rates, and tobacco-refated health from the illegal sale Of Cigarettes and-tobacco products. disparities, ;es, and develop a stronger evidence base of (e) Transfers under this section shall' be made by the effective prevention Programming with not less that, 15 Controller 3t such times as the Controller determines percent of health promotion, health .comrotinicaltion necessary to further the intent of this section, activities, and evaluation and tobacco Use SUrVeillance Text of Proposal Laws 1 137 TEXT OF PROPOSED LAWS PROPOSITION 56 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- funds being awarded to accelerate and r-rionitor the rate of Research and Prevention Tobacco 'Tax Act ot 1 2016 Fund dech�ne in tobacco-related disparities with the goal of and how that money w3.s spent. The annual accounting elirninatir.,g tobacco-related disf)arities, shall also be posted on any social triedia outlets the state 0 Fit agency or department deems appropriate. ate. 'teen percent to the State Department of Education to be used for school programs to prevent and reduce the (d) The use of the funds received by the State Department, use of tobacco and nicotine products by young peopie as of Health Care Services pursuant to subdivision (a) of described in Section 104420 of the Health and Safety .30,55 shall be subjectto the same restrictions, , Section 30.7 Code with not less than 15 percent of these funds being including, but not limited to; audits and Prevention, of -1 w, If n fraud, imposed by existing law , 1rded to accelerate and rnonitor the rate of f dec.ine i i t ng Tobacco-related disparities for the Purpose of eliminati (e) The use ot the funds received by the State Department tobacco-related disparities. of Public':- Health, the State Department of Education, and (c) Five percent to the University of California for med:C31 the, University Versity of California pursuant to subdivisions (b) ,medical research of cancer, heart and lung tobacco-related diseases and(c) of Section 30130.55 shall' be subject to oversight pursuant to Article 2 (commencing with Section 1045500) by the 7bbacco Education and Research Oversight of Chapter 1. of Part 3 of Division 103 of the Health and Committee pursuant to Sections 104365 and 104370 of Safety Code to supplement the Cigarette and Tobacco the Health and Safety Code. de L Products Surtax Medical Research Program, provided that 30130.57. Rnpk-lmentati0r., and administrative Costs. these funds be used Linder the following conditions: t(a) honeys from the California Healhl71-3re. Research and (1) The funds shall be used for grants and contract', for Prevention Tobacco Tax Act of 2016 Fund shall be used to basic, applied, and translational medical research in reimburse the board for expenses incurred in the California into the prevention, of early de adi ninistration, calculatio detection of. n, and collection of the tax - treatments for, complementary treatments for, and ir. nposed by this article and for expenses incurred in the potential cures for all types of cancer, cardiovascular and calculation' and distribution of funds and in the lung disease, oral disease, and tobacco-re!3. ted dise3SeS. PrOn') .Ulgation of regulations as required by -,'his act, ro n Notwithstanding any other provision of:law, the University p vided, however, that after deducting the necessary. of California, through the Tobacco Related Disease funds pursuant to subdivision (b) of Section 30130.54, Research Progran,, shall have authority to expend funds not more than 5 percent annually of the funds remaining received under this act for the Purp it, the ry oses set forth in this Ca.1'ifornia Health,care, Research and Prevention subdivision. Tobacco Tax Act of 2016 Fund shall be used for such (2) Any grants and contracts awarded shall be awarded administrative costs. using, existingi-nedical research program infrastructure and (b) Moneys from the C31ifomia Healthcare, Research and on the basis of scientific merit as determined by an open, Prevention Tobacco T,3x Act-o't 1 20165 Fund shall be used to competitive peer review process that assures objectivity, reimburse the independent nonpartisan California State consistency, and high quality. Auditor up to four hundred thousand dollars ($400,000) (3) individuals or entities that receive the grants and annually for actual costs incurred to conduct each of the contracts PUrSU3171t to this subdivision Must reside or be audits required by Section 30.130.56. for the purpose of, 'ocate,d entirely within California. providing public transparency and ensuring that the 4) - performed en' 1v within revenues generated by this article are used for healthcare, Me research must be perforrn Lire tobacco Use IYeV017tior., and research. California. kc) Mone from the California Healhl,,1-3re, Research and (5) The hunds shall not be used to supplant existing state, Ys Pre ven ti on Toba cco Tax A c it o f 20-16 Fund i n th e amoun t o or local funds for these same purposes, forty million dollars($40,000,000)annually shall be used, 30.730,56. independent Aiilitand Disciostirp. to provide funding to the university of California for the To provide full public accountability concetning the uses purpose and goal of increasing the number of primary care t t rc h o which funds from the California Healthcare, Resea and emergency Physicians trained in California. This goal and Prevention Tobacco Tax Act of 20 1.6 are pill., and to shall be achl;L-Ivedby providing this funding to the Liniversitv ; ensure full compliance with the California i-lealthcare, of California1 to sustain, retain, and expand graduate Research and Prevention Tobacco Tax Act of 2016; medical education programs to achieve the goal of increa sing the number of primary care and emergency (a) The nonpartisan California State Auditor shall conduct physician s in the State of California based on 'jet Ponstrated at least biennially 317 independent financial audit of the worktorce needs and priorities, state and local agencies receiving hunds pursuant- to the , 11 For the purposes of this subdivision, "primary care" Ca lifornia Healthcare, Research and Prevention Tobacco Tax Act of 20.76. An audit conducted pursuant to this means internal medicine, family medicine, obstetrics/ section shall .include, but not be lirr7ited to, a review of the gynecology, and pediatrics. administrative costs expended by the state agencies that (22) Funding shall be prioritized for direct graduate a7edical administer the fund, education costs for programs serving medically underserved (b), Based on the independent audit, the nonpartisan areas and populations. California State Auditor shall prepare a report detailing Its (3) For the'Durposes of this subdivision, all allopathic and w revieandinClUde anyrecommendations for itnprovements. osteopathic residency progral-ns accredited by federally The report shall be made available to the public, recognized accrediting organizations and located In (c) Each state agency and d i epartment receiving funds , shall be eligible to apply to receive funding to 0" Support resident edL/Cation in California. pursuant to this act shall', on an annual basis, publish n it's respective Internet Web site an accounting of how much (4) The University of California shall annually review money was received from, the California i-lealthcare, physician shortages by specialty across the state and by 138 1 TextofProposen-L'aws TEXT OF PROPOSED LAWS PROPOSITION 56 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- region. Based on this review, to the extent'.' that there are sales of tobacco products to minors, including, but not demonstrated state or regional shortages of nonprimary firnited to, the Stop 7bbacco Access to Kids Enfoircernent ::are physicians, h,.ind's may be used to, expand graduate (STAKE)Act, pursuant to Section 22952" of the -Business medical ical education programs that are intended to address and Professions Code, such shortages. "4) Six � trillion dollars ($6,000,000) annually to the (d) Moneys from the California Healthcare, Research and California Attorney General to be used for activities. Prevention Tobacco Tax Act of2016 Fund in the amount 0f including, but not.1 limited to,, enforcing laws that regulate thirty million dollars ($30,000,000) annually shall be the distribution and sale of cigarettes and other tobacco used to provide funding to the State Department of Public prod,,.icts, such as laws that prohibit cigarette stnuggling" health state dental program for the purpose and goal of counterfeiting,. selling untaxed tobacco. selling tobacco lucating about, preventing and treating dental disease, without 3 proper license and selling tobacco to minors, and ed including dental disease caused by use of cigarettes and enforcing to,bacco-related fams, court Judgments, and other tobacco Products. This goal shall be achieved by the S"�Ittlernents, program providing this funding to activities that. support the state dental plan based on demonstrated oral health (f) Not more than 5 percent of the tunas received pursuant needs, prioritizing serving ,.indjerserved areas and to this article shall be used by any state or local agency or populations. Funded program activities shall include, but dePartment receiving such funds for administrative costs. riot be limited to, the following., education, disease sease pnevention, disease treatment, surveillance, and-case 'k The California State Auditor shall Promulgate regulations pursuant -to the Mie/773king provisions of' the r-rianagernent. Administrative Procedure Act (Chapter 3.5 (commencing The departf-nen,t shall have broad authority to fully j witth,Section 11340)of Part I of Division 3 of Title 2 of the implement and of the purposes of this subdivision, Government Code) to djefirie administrative costs for including the determination of underserved communities, purposes of this article. Such regulations shall take into the develo'or-rient of 'progran, protocols, the authority to account the differing nature of the agencies or departments reimburse state-sponsored services related to the program, fun o receiving Is. and the authority'to contract with one or more individuals or public or private entities to provide program acti I vi.ties. (h) The board shall determine beginning two years following the effective data of this act, and annually (P) Moneys from the California Healthcare, Research and thereafter, any reduction in revenues, /`6floV1jngCf the first Prevention Tobacco Tax Act of2016 Fund in the amount 0t year after the effective date of this act, resulting from, a forty-eight million dollars ($48,000,000) annually shall reduction in the consumption of cigarettes and tobacco be used for the purpose of funding law enforcement efforts products due to the additional taxes imposed on cigarettes to reduce illegal sales of tobacco products, particulariv L by this article, and the increase in the tax on tobacco Illegal sales to minors; to reduce cigarette smuff9ling, tobacco tax evasion, the sale of tobacco products without products required by subdivisit)[7 (b) of Section 30123. ./f a license and the sale of I counterfeit- tobacco products; to the board determines there, has been a reductl'on !n enforce tobacCO-ne-13ted laws, Court iUdgments, and legal revenues, the amount or` funds allocated pursuant to j . . I j �CY I shall be red,.lced,,-,,,-,oDortionatel�,� settlen,ems; and to conduct law enforcenem- tralfrilng and subdivisions,' ),k1d)and(P,, technical assistance activities for tobacco-related statute,-: 30.1,30,58, Statutory References. provided that these funds are not to be used to st,.ipplant Unless otherwise stated, all references in this act refer to existing state or local funds for these same purposes, l f t These funds shall be apportioned in the following manner;77amner: stalu.Ps as thee'existed on J13nuary 1, 201.6, 1 (1) Thirty million dollars ($30,000,000) annually to the SEC. 5. Conforming Arnericirnents to the Revenue and Ca 1,; I forn'a Department of Just-ice/Office of the Attorney laXation Code. General to be distributed to local law enforcement agencies SEC. . . Section 30014 of the Revenue and Taxation l L tc, support and hire front-line law enforcement peace Code is amended to read: officers for programs, including, but not limited to, 30014. (a) "Transporter" means any person transporting onforcenrient of state and local la,.Als related to the illegal - Lstate . I"Transporter"y of I i I . --: sales and marketing of tobacco to minors, and i.ncreasi.ng MILO or within this sta e air the foliowin, investigative activities and compliance checks to reduce (1) Cigarettes not contained in packages to which are illegal sales of ch-cfateittes and tobacco products to, ni o aft x i - / n rs hi e,4C aliforn'a cigarette tax stamps or metter impressions. and youth. (2) Tobacco Products upon which the tobacco products (2) Six million dollars ($6,000,000)annuallY to the board surtax :imposed by Article 2 (commencing with t t o be used to enforce laws that regulate the distribution Section 30121), Article 2.5 (commencing with Section and retail sale of cigarettes and other tobacco products, 30130.50), and Article 3 (comi-riencing with Such as 13WS that Prohibit cigarette and tobacco product Section 3013 1) of Chapter 2 has not been paid, smuggling, counterfeiting, selling untaxed cigarettes and (b) "Transporter shall' not include any of the lollowing: other tobacco products, and selling cigarettes and other tobacco products without,a proper license.I W A licensed distributor. (3) Six million dollars ,$6,000,000) annually to the (2) A common carrier. California f.)epartm:ent of Public Health to be used to (3) A Person transporting cigarettes and tobacco products support programs, including, but not limited to, providing L - customs control under federal internal revenue bond oi grants and contracts to local law enforcement agencies to that are non-taxpaid under Chapter 52 of the Internal andtra,ining and funding for the enforcement of state Revcanue Act of 1954 as arriencled.' and Local laws related to the illegal sales of tobacco 1110 minors, increasing investigative activities, and compliance SEC. 5.2. Section 30104 of 'the Revenue and Taxation checks, and other appropriate activities to reduce iflegal Code is amended to read: Text of Proposal Laws 1 139 TEXT DF PROPOSED LAWS PROPOSITION 5GCONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 3Ol04 The irriposed by this part shall not apply to SEC. 5.4. Section 3OlG6ofthe Revenue and Taxation the sale of cigarettes or tobacco products by a distributor Code 'is amended toread: to a common carrier engaged in interstate o/ foreign 30I65, Stamps arid meter register settings shall be sold passenger service urtoa person authorized to sell oiQarettes bo // bburathiren�minaed values |aaa acenae6d� � �or tobacco products on the facilities of the carrier discount ofO,85 percent, wt f, shall ��' be d t the Whenever cigarettes or tobacco products are sold by � tone dc0ar ($2.OGy /nde'x//naby6ue/ to lieensed distributors to common carriers engaged in interstate or Payment fo,stamps ur meter register setting foreign passenger service for use or sale on facilities of the shall be made at the time of purchase, provided that a oarriera, or to persons authorized to ua|| cigarettes or licensed diutributor, subject to the conditions and tobacco products on those faci!itieu. the tax imposed by provisions of this article, may be permitted to defer paymantstherefor. shallbe -with respect -the—sales of -he-cigarettes or tobacco products by the distributors. but a tax is herebv � 5.5. Section 30I81 of the Revenue and Taxation ' � |evied upon-the oarriensor upon t Code |samendedturead� he persons sell cigarettes or tobacco products un the facilities of the 30I8I (a) When /f any tax imposed upon cigarettes carriers, as the case- may be, for the privilegca of making u n d sales in California at the some rate auset tinder this part' Those this part common carriers and authorized persons shall' pay the tax /s riot paid thruuQU the use of stamps ormeterimpressions, imposed by this section and fi!e reports with the board, as the tax shall be due and payable monthly or.. or before the provided in Section 30185. 25th day of the month fo||uwinQ the calendar month in which a diyt�ibu�ion ofc�a�tte� ocoura o� in thecaseof SEC 5 � Section 3OlO8 of Revenue and Taxation ' � � � aya|eof cigarettes on the faoi|itiesofacommon carrier for Code isamend�dtoread� � which the tax is imposed pursuant toSection 30104, the 30108. (a) Every d|otributor engaged in business in this tax shall be due and payable month|yon o, before the 25th state and selling or accepting orders for oiQarettes or dayofthe month following the calendar month in which a tobacco products with respect to the | f which the tax sale of cigarettes on the facilities of the carrier occurs. '''Y^"==" by S=e`'"''= ^"^"1' ""12-3' and "0131,2 "''"=' (b) Each distributor oftobacco produotysha|| fi|e a return this part is inapplicable shall, at the time of making the in the form, as prescribed by the board, vhielq that may sale o, accepting the order or, if the purchaser is not �hen inch de, but not be limited to, electronic media respecting obi igatedto pay'the'Lax with respect to his o/herd ist/ibution the distributions of tobacco Droducts and their wholesale of the cigarettes or tobacco products, at the time the ouutduringthepreoedingmo'th' arid onyot her information purchaser becomes so ob!iQated, collect the tax from the as the buard may requir� tu � �'ry outthiy part� The return purchaser, if the purchaser is other than a licensed shall be filed with the board on or beforothe 25th day of distributor, and shall give to the purchaser a receipt the calendar munth following the c|ose of the month|y therefor in the mannarand form prescribed by the board. period for whioh it re|ataa, together with a remittance- (b) Every person engaged in business 'in this state and payable to the board, of the amount of tax, if any, due making gifts of untaxed cigarettes or tobacco products as under Article 2 (commenoinQ vvith Section 3012') or, samples with res,)ect to which the tax imposed Article (commencing with Section 30I31) of Chapter 2 under M/s part is for that period, inapp|ioab|eaha||, at the of making or, if (c) To faci!itato the administration ofthis par-, the board donee is not then obligated to Pay the tax with respect to may require the fi|ingof the returns for |onQe/thanmunth|y hisorherdistribution ofthe cigarettes ur tobacco products. periods. at the time the donee becomes soob|igated collect' (d) Returns shall beau-hen-ivated in aform or pursuant to from the donee if the donee is o�her than a licensed' methods ay maybe prescribed by the board distributor, and shall' give the donee a receipt therefor in � the mannerand form prescribed by the board. This section (e) This seeti Pi shall be-, shall not apply to those distributions of cigarettes or tobacco products WAieh that are exempt from tax under SEC, 5. Conformity with State Constitution. Section 30I05.5. SEC. 5,I. Section 23 is added to Article XV! of the (o) "Engaged in business in the state" meanyand inoiudes California Constitution, to read: any of the following: Ssc% 23. The tax imoosed by the Cali/o/ne Healthcare, (l) Maintaining, o�oupy|n0' or usin8, permanen�y or �esearchandffevention7obacoo Tax Act cf2DI6 arid the tempo,ari!� di�oo�|y or indirectly, or through a subsidiary, evne derived hesn , ncd investment interest, / i or agent, by whatever name ca||ed, an office, place of she8notbe considered General Fund revenues for pu distribution, sales ur samp|e room ur place, warehouse ur of Section 8 and /to �np� � � n�en � sta�ufes, anduha// not storage place, ur other place ofbusiness. be considered "General FlJndnewenues,'' "state nevenue\'' (2) Having any representative, agent, uo��p*�on. o/ "General Fund proceeds of taxes" for p of canvasser or solicitor operating in this state under the y«bd/wsmns (a)and 01))n/Section 8 and its//np/ennenfir\g authority of the distributor or itosubsidi� statutes. purpose . of se||in8, delivering, or the taking of orders for cigarettes SEC. 6.2. Section 14 is added to A,tic|e X||| B of the or tobacco products. �a|ifornia Constitution, to read: (d) The taxes required to be collected by this section SM 24. "Appropriations oub/ect to limitation"' of each constitute debts owed by the distributor, or other person entih/ of government shall not /nc/ude approp-riatioris of required to collect the taxes, to tile state. revenue hnn/ the California Hea/thuare, Research and 140 1 Text of pmpuseu Law, TEXT DF PROPOSED LAWS PROPOSITION 5GCONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Frevenbnn 7-nbacco T3n Act uf2DI6 Fund created by the PROPOSED LAW Cal' foxn/a Healthcare, Research and Prevention Tobacco The Public Safety and Rehabilitation Act of 2016 7�xActuf2OJ6. Ajo adjustment/nthe of any en�tyofgnmern/nentshall be required pursuant to SECT|ON Tit|e, Section 3 as a result of revenue being, /n or 1his measure shall be known and may be cited as "'heaD nabed�r/nthaCa//fo:n/eHea/�»�a�e Research Public Safety and Rehabilitation Act o2OI5." Prevention Tobacco Tax Act of2DI6Fund, SEC, 2. Purpose and Intent. SEC. 7. Severabi|ity. In enacting this act, it is the purpose and intent of the If the provisions of this act, or part thereof' are for any people of the State of California to: reason held tobe invalid o,unconstitutional, the remaining provisions shall not be affeoted, but shall remain in fui| l. protect and enhance public safety. force and effeut and to this end the provisions of this act 2. Save money by reducing wasteful spending on prisons. are severable, 1 Prevent federal courts from indiscriminately releasing SEC. 8. ConUiotinQMeaoures. prisoners. (a) It |uthe 'intent of the people that in the event that this 4. Stop -he revolving door of crime by emphasizing measure and another measure relating to the taxation of rehabilitation, especially for Juveniles. tobacuoyha|| appear on the same statewide election ballot. 5� Require a judge, not a prosecutor, to decide whether the provisions of the other measure or measures shall not juveni|eyahou|d be tried. in adult court be deemed to be in conflict with this measure, and if approved by the voters, this measure sha!| take effeut SEC. 3. Section 32 is added To Article ! of the California notwithstanding approval by the voters of another measure Constitution, to read: relating to the taxation of tobacco by greater number of S (a) The fb0bw/ m�/o hereby bad affirmative votes. ~' � �nenhance�ub//cua/�tK �nprrxe/ehabilitatiun, andavoid (b) |f this measureiy approved bythevotersbutsuperseded the release of prisoners by federal court order, by law by any otherconflicting ballot measure approved by notwithstanding anvth/ng /n this a:bc/e or any other 'the voters at the same e|eotion, and the conflicting measure provision of law, is later held invalid, this measure- shall be self-exec utinQ (J/ Rs/»/e Cons/darat/on: An/ pa/son convicted of: a and Qiven the lull foroeof law. nun�o/en� fe/o offense and sentenced �o state prison SEC, Amendments. shall be eligible for parole consideration after completing (a) Except as her the /u// henn for his or her�ro�aq'offense, �after provided, this act may only be , amended by the e|eoTora as provided in subdivision (c) of (A) For purposes ofth/s sectionthe Section lO ufA�io|e |1 ufthe California Constitutiun. primary offense n7eans the longest term of imprisonment (b) The Legislature may amend subdivisions (a) and (o) of "''p,°^" by the court.- for any offense, excluding the ufan enhancement, consecutive sentence, or Section3Ol3O55and �eotion3Ol3O57oftheRevenue imposition� � a/be/naf/vesenbence and Taxation Code to further the purpuoesoftheCa|ifornia � Healthcare, Research and Prevention Tobacco Tax Act of (2) Credit Earn/ The Department of Corrections and 2016 by a statute passed in each house by roll-call vote Rehab/litetion shall have authority to awa^dcoyd/tx earned entered in the Journal, two-thirds of the membership f,)rfoodbehav/m'andupprovedrehab///tativem'educahona/ concurring. achievements. (c) The LeQiy|ature may amend subdivision. (b) of (b) The Department f Corrections and Rehab8/te�on Section 30I301.55 of the Revenue and Taxation Code to shall adopt regulations /n furtherance of theseprowo/ons, further the purposes of the California Hea|thoa,e' Research and the Secretary ofthe Deparbnenfn/ Corrections and and Prevention Tobacco Tax Act of 2016 by a statute Rehabilitation shall certify that these regulations protect passed in each house by roll-call vote entered in the and enhance public safety. journal, four-fifths of the membership concurring. SEC. 4. �udicia| Transfer Process. SEC I0 Effe�t|:aDa�e� � . SEC. 4,I. Section 602 of the Welfare and Institutions This act shall become effective as provided in subdivision Code is amended to read: (a) of8ection IOofArtio|e1| oftheCa|iforniaCunytitutiun� ' 6O2 �) Except as provided in provided' however, the amendment to Section 2Ol2I of Section n 7D7 any person vvho is und�r '----��f '— the Revenue and Taxation Code shall become effective '�- -- '--�- - age the he or she violates any !aw of thi� stato or of the April I, 20l7� United States or any ordinance of any city o,00untyofthis state defininQ crime other than an ordinance establishing PROPOSITION 57 a curfew based solely on a8e, is within the jurisdiction of This initiative measure is submitted to the p*o� word of the court�e in the 1uveni|eoou�' which may adjudge such person to be accordance with the provisions ofSection 8ofA,tic|e || of . the California Constitution. N Any persaig who is alleged, w1gen he or she was 44 This initiative measure adds a section to the California y=a's"' age or older, `"have`"''"'''``e""'="' "'= '"''",,'''s Constitution and amends sections uf the Welfare and offenses shall be praseeHted under the general law i Institutions Coda/ therefore' existing provisions proposed to be deleted are printed in and new pmvisions pro d to be added are printed in da//c �pe to indicate -that they are new. TEXT DF PROPOSED LAWS PROPOSITION 57CONTINUED (4) (i) The degree of criminal sophistication exhibited by the minor ,2) The fallowing sex offenses, if the proseetitar alleges, (ii) When eva|uatingtheoriterion specified in c|ause (i}, thejuveni|e court may give weight to any relevant factor, including, but not !|mited to, the minor's age, at i intellectual capacity, and physical, menta|' and emotional 667.61 of the Penal Gode, applies. health at the time of the alleged offense, the minor's im et i orfai|ureto appreciate-risks and consequences of Seetion 261 of the Penal Gode. ofcriminu| behavior, the effect of familial, adu|t, o, pee, pressureun the minor's actions, and the effect of the `"/ S `^' ^' mincx'sfami|y and community envimnment and ohi!dhood """"',="" ^"/ "' s=^""" 262 "' the Flenal `^de. trauma on the minor's criminal sophistication. `~` Fe ~e^ ~''~~e~ in ^~^~''^ with ~^~~'e ' ~~ (B) (i) Whether the minor can be rehabilitated prior tuthe ~^~^''~^~ ^' ~^^^'~^ 264.1 of the ' ~~ ~~~^. exp|rationof the ]uveni|ecourt's jurisdiction. `~' Fore'~'~ '~~~ and '~~`'~`~~ ~-~ an ~ ~^'~ ~^~~ ^- W) When evaluating the criterion specified in clauseU) years of age, as ~`` in ~~~^'`'~'~^ `~' of ``~^~' thejuveni|e court may i weight to any relevant factor, �~~ ~ ^^~ Penal ~`~~� inu|uding, but not |imitedtu, the minor's potential to grow and matura. `-' of ---tion-- --- of the Penal ---- (C) U) Theminur's previous delinquent history. ---- (ii) When evaluating the orihehon specified i | (i} - ---- - -- Pena! --- -' --fafee' '---ialeigee, theJuvenile court may give weight to any relevant factor, —'-- -- --'- --' -'-, — inc|udin�� butnot |imited�o, theua�ousneysof�heminur� the '-- - another-- '--' previousdelinquent history d the effect of the minor's family and community env/mnment and oN|Uhuod trauma on the minor's peviousde!inquentbeha�u� of Seetion !2G3.G66 of the Penal Gade. (C) (i) Success of previous attempts by the juvenile court to rehabilitate the mino� SEC, 42 Section 707 of the VVe|fae arid Institutions Code is amended to read: (|i) When evaluating the criterion specified in clause (|), thejuveni|e court m i weight to any e|exantfaoto� 707. (a) (l) In any come in which a minor is alleged to ino|ud�Q but not |i-'t^� o. the adequuoyofthesemices bea p�ryun desuribed |n Seotion �O2 by previouy|^ provided |o address minor's needs reason of the vio|ation. when heor she was 16 years ofa8e , � � older,or f any felonycriminal statute, (E) (i) The circumstances and gravity of the offenseorofan offense 0s�ed �/n a||eg*d in the petition to have beon commi�ed by the subdivision (b) ,Alhenhaor she was 24orJ5yearoof age, minur the u,s rictattorney or other ap prQpriateprosecuting (ii) When eva|uatinQ the criterion specified in clause (i), //'uy //mxe u //au:o to /,u'x`/ev the o»ou/ /,mo /»v^*«/L-1 the Juvenile court may give weight to any relevant factor, cuu,t to a court, c��/�a//u/ /u//^u/com/. rnra The/ � '''vu m' inchuding but not limited to, the actual" behavior of the of the petitioner roust be niade prior to the attachment of person, the mental state of the person, the peemn'sdegree ,e*a'ux. Upon such motion, the juvenile court shall in ! mUof . y h probation order the p" "'' officer to ssu"''"` a caused by the person, and the peraun's mental and reporton the behavioral patterns and social history ol the emotional development. 7-,he report shall include any written or oral stater-flent A detefmination that the ffili"Or 15 1915A a fi-- and proPer offered by the victin,pursuant to Section 656,2. subjeet to be elealt with tineleF t�e juvenile eaurt Imay (2) Fu||mwinQsubmissiun and consideration of the, report, and of any other relevant evidence that the petitioner or forth ^' `'~�~~ `'' ~' ~�~ the minor may wish to submit, the juvenile' court shall ^'^~'' shall^ ~^ '~~'^`d in t�e arder of unfitness.^ ~ In any~~~~ ,decide whether the oinorshould be transferred hoa court ^' `~^^'' ~ ' `~'''' of cniroina/jurisdiction. /n roaking its decision, the court ==^`=' the^"=^t""" Postpone the taking shall consider the criteria specified in subparagraphs petition tintil t�e eanelusion of the fitness hear.ing! ant4 no enee at the hft6riM,- court shall recite the basis for its decision in an order - ' 51 entered upon the minutes. hn any case � which a hearing (2) (A) This paragraph shall apply to a miner alleged te; TEXT DF PROPOSED LAWS PROPOSITION 57CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- i:ar a determinaf of unfitnesq. Following gubmission and this seetion, the eaLirt shall postpane t1he taking of a p! evidenee that the Petitioner of the minar may wig.h--te and ne plea tigat fflay �aye been entered already sh preper subjeet te; be alea.1;wit H Higaler--he juvenile eaur; 1 be a fit and proper subjeet to be dealt wit� tinele, 4i-e te; the Department of Gerr�et��-ns and Relhabilitabon, faete�-, iiqelti�ing, but nat limited to, the miner's a-- Minor to the state prison, tin.- !.Mitations speeified- (b) Subdivision (a) shall be appUuab|a in any oaua in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses when he or she was 24 or 2i5years of ""p'''""eat""'', (l) Murder. (2) Arson, as pmvidad in aubdivia|on (a) or (b) of Section 45Iof'the Pena| Code. "'/ ,`'='' e,="""''a t1he ^ '`==' " (3) Robbery. ' (4) Rape with force, violence. o, �h�at of great bodily � harm. (5) Sodomy ' violence, duress, menace, or threat 40 � � - otgreat bodily harm. - (5) A lewd or lascivious act as provided |n subdivision (W of Section 2O8ufthe Penal Code. (7) Oral copulation by force-, vio|ence, duress, menace, or threat of great bodily harm. ---- — the --- - 'r---- delinquent— — ----, (8) An offense specified 'in subdivision (a) of Section 289 of the Penal Code. — I------ -- --— (9) Kidnapping for ransom. `— '—' -----�= -- ----� - (10) Kidnappinghrpu,poue� ofrobbery. (lI) Kidnapping with bodily harm, serviees previaLisly provided to address the n9iner's Heeds. (12) Atban pted murder. '"" ,4^"" 4="f,�e= """ (I3) Assault with a firearm urdeImc±ive device. alleged in the- Petition ta have been eangrflitted ~�� - n (14) Assault by any means of-force likely to produce great evaluating(11) When bodi|y injury. (l5) Discharge of 'into an inhabited or occupied ' - building. the peison, the fflental state of the person, the person-2,-� (lG) An offense described in Section I203,09 of the Penal Code. ----' ----ecl— by the ,---' -- the ,---- mental— (17) An offense described in Section I2022.5 or aiq-- eng----- ----,--. l2O22,53of the Pena| Code. A ----'-tion-- tl=i--- he fflinfir is fit- -- proper (18) Afe|onyoffense in which the minor |� used - - ---- -- --- -- awea desoribad|nanypmva|on |iyb�d |nSeuionl65QC — - finding— of'the Pena| Code. (18) A felony offense deycribed in Section 13,6.1 or 137 of the Penal Code. TEXT DF PROPOSED LAWS PROPOSITION 57CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (2O) K8anufacturing, cum din� or se|hnQ one-half ounce or more ofaya!tor solution ofo control led substance specified in subdivision (e) of Section 1I055 of the Health `-' ' an� �at�yCode� '--'----n"------n-,--------'-- the jijvenile eoiji't rnay give weight to any relevant (2I) A violent fe|on8 as defined in subdivision (o) of faetor. i eltiding, but not limited to, the n9knor's potential Section 557.5 of the Penal Code, which also would to grow, and. n9ature. constitute a felony violation of subdivision (b) of Section I86,22of the Pena| Code. `-' ` ` '- --- - , ---- --'`--- ---' (22) Esoape, by the use offu�eor�o|ence. �nmacounty `-'juvenile hall ay give weight to any releva haU, home/ enoh, oump. or fon�s ,y camp in `�`' '- Juvenile- - --' ' violation of subdivision (b) of Section 871 if bodily --aeto ----'= -- not limited- to the seriousness-- of -- iniury is intentionoUy in�ioted upon an employee of tho --- - juvenile facility during the commission of the escape. rnifl- - --farflil` -- —eor---` -----envirofirfien' -- -'--ehild'hoo- (23} Torture as described in Sections 206 and 206A of 'he Penal Code. ` ` `A` ------ - -----ffi,- -' --'--'- eei --' (24) Aggravated mayhem' as described in Section 205of the Penal Code. `-' ''en--'---ti-m°the----n-,--------'-- gra (A), the jl:lvenile eaurt (25) Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon. (25) Kidnapp�� for purposes of sexual auuou|t, as (S) (A) The eireumstaneeg and gravity of the ofien punishable in subdivision (b) ofSeotion 209 of 'the Pena| alleged ilg the petition, to Mave been eangmitted by the Code. (27) Kidnapping as punishable in Seution 2Cg.5 o� the Penal Code. (A), the juvenile eotirt rnay give weight to any relev�nt (28} The offense described in subdivision (c) of section 26lO0cf the Penal Code. egree of in the eriffle, the level of (29) The offense described in Section ID745of the Pena! d the' eaHsedl by Code, enge person, ' (30) Voluntary many|auQhter, as described |n subdivision (a) of Section 192 of the Penal Code. � �� - TEXT OF PROPOSED LAWS PROPOSITION 57 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (A) The n9inar is alleged --E) have eangrnitted an afferise (4) in any eafte in whieh the distriet attorney or ot S t if eamirnitted by an adult1 t afar ¢r Yk�t r mr t t � taf r s c r d¢ a k r�r k a ca4¢r rk mat-Ttff+S- Et4&1- - ptrstjant o this stjbdivision, the ease shall then preeeed felany, as eleseribeelHq Seetiaig1^ e�d� riar�- �f h fl �dh a findling that rea", nahle eatj-", exists to helieve that the, #t�ifeo-vit� it Etr rafat�Ee --ishlpd, --he eringinal eatirt shall transfer the ea s-�13ftfy- S, t ¢� ---T 11-e-- kftat 11-as---f�;vit)tts+Y--+): r-fertrl-d- t m st;deseribed in seetion 692 by reasenthe eorfirnissia., aeetisatory r ,Ing in a e0tjft-, of erifflinal jtirisdieti enefit ef, , in i-H---S-ttl A+v�FjEft-- a of . , , s Penal Gede, with the speeifie intent to pFamiate, funtiger-,--of in a I.tjv nile hall, raneh earrip, forefttry earnp, hoot earrip, sit e i tr rl t r��# a r tr r ti ,. ., G, of in arty _ e. . , S intirnielating Or interfering with any ather pe—SOM'S u , it, pt-,rstjant to thiis _ , t e ., . to ffte ErrfEtt � ¢ rssr� rt� . , _, .,. or laws M the United states ,,, gtri�tr #h t¢i E# a ; h tt � aarktr rr�¢ -C t beeatfs-e-t:h�; to the Departfflent of and Rel=iaibilitdtion, .py-flMOr pereeives that the .r. rner.. of Division of Jtjve l Faeilihet, in—f4'etif-i17—s.r. .. '"`,.., Ga d tr� epoYt Etk k#t t to r r art a i tr c f k � ttr Etatr---to, -he Vietirn of the M:iense was r �feat�f� ; t Yt ttf¢n f -a ;�af� fc:f�apt;-atrc # a# ;Kshall wag known Of reasonably Should h have �een known to i ffte sfYk�t Ott �r go t �Y c taf c tttktr ffe-ef- e } :.;. L .:; . i�a--E tt-f fft #et�t ttrey---ate r attt-rnatom tie trt a against, any rni-rier 16 years af- age or aHer whe deterifflination Of tinfitmets. t is---at et e of �r r tt i r� trm--t;r--f fire---c t---41-e---t i4c�rs t �,. . Fe rn W n G rrE'n t. Offenses, if the rniner has previetisly n fatind to This act shall be broadly corEsfrued to accor�aplish its person. deseribed in. Seetion 602 by reason of the vialatiff',t;f --r' -:-t)f= purposes. The provisions of Sections 4.1 and 4.2 of this older: act may be amended so long as such amendments are consistent with and further the intent of this act by a ,A) A felony offense in whiellh it it alleged that the . statutW that is .gassed by a raorifv vote of the members of ef the offense was GF) years ef age or alder, Or lijqd deaf� each house of the Legislature and signed by the Governor. e}Etaarc:;----patZalf te,--- �r{� r rer� rl -�rsatrl ;----car anfirled to a wheelehair, and that disability was known ar SEC. 6, Se✓erability. shouldreasonably kniown to the rtainor ,. If any provision; of this act, or part of this act, or the t t � tiff e c tr ke k r #t c tete application of any provision or part to any person or tr circt:mstances, is for any reason held to be invalid, the -tti1)ttv----aftensre arn+ #i d----fa-F----t-he----p-rit fxryes,----t)f remaining provisions, or applications of provisions, shall �; not be- affected, but shall remain in full force and effect, ffte E �rrtEtt � ¢ rssf ftr� efrt � fj; tf� sfitft and to this endthe provisions of this act are severable. or laws of the United stateg and �eeause Sir. r. Conflicting Initiatives. person't religion, _ , (a) In the event that this act and another act addressing ttftt� mr �Y; � eEtat t rrmr�frtc � k �atts�- f� credits and parole eligibility ior state prisoners or adult at the other person had one or Pnere of court prosecution for iuvenile defendants shall appear on thase eNharaeteristies, the same statewide ballot, the provisions of the other act -r- b or acts shall be deemed to be in conflict with this act. In ' the event that this act receives a greater number of . _ the ibenefit ", ., , affirmative votes than an act deemed to be in conflict with direetion , Or in assoeiation with any erifflinial it, the provisions of this act shall prevail in their entirety, a� t �t�r#e byr-St�r�-3 of t�� t� fed� and the other act or acts shall be null and void. Text of Proposal Laws 1 145 TEXT DF PROPOSED LAWS PROPOSITION 57CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (b) |f this act 'is approved by voters b t superseded by | (e) Whereas, skill's are necessary for our by any other conflicting act approved by voiers at the same countr �ona/ and essential to conducting election, and the conflicting ballot act is later held invalid, diobnnacy and mte/nathona/programs; and 1hia act uha|l be uo!f-exeouting and given fu!| force and h � 7 Whereas Californiaaoana�uo�/oesen/ ofbhemm�dt effect ' - ,largest languages, including Mandarin, and SEC. 8. Proponent Standing. Spanish which are critical to bhestyby's econon//o trade Notwithstanding any other provision of |aw, if the State, and diplomatic efforts; and governmentagency, or any uf its officials fail to defend the �� Whereas, California has the ur.,ique opportunity to consti-utiono|ity of this act, following its approval by the provide all parents with the choice to have their children voters, any othergovernment employer, the p/oponent, o, educated to high standards /n English and one ur /nune, in their absence, anyoitizen of this State shall have the additional' languages, including Native American authority to intervene in any court action challenging the languages, thereby /nuneay/qg pupils" aocays to higher constitutionality of this act for the purpose of defending ita education and ua/eemuf their choice; and constitutionality, whether such action isin any trial court, �-e4 (h) Whereas, The government and the public schools on appeal, or on discretionary review by the 8u eCourt of California have a moral obligation and a constitutional of California or the Supreme Court of the United States. duty to provide all of California's children, ,egurd|ess of The reasonable fees and costs of defending the action their ethnicity or national - origin, with the ski!|a aho|| be a charge on funds appropriated to the Department necessary to beoome productive members of our society, of Justice, which shall beyatiyhed promptly. and of these yki||a' literacy in the English language is SEC. 9. Liberal Construction. among the most important; and This act shall be liberally construed to effectuate its fdf 0) Whereas, 'The purposes, PROPOSITION 58 Programs whose failtire over the Past two deeades is This law proposed by Senate 8ii| 1174 of the 20I3-20I4 Re8uar Session (Chapter 753. Statutes of 2014) is Californi,3 Legislature c( and /h Governor submitted tuthe people in accordance with Section IOof a historic school fundYqgre/bnn that restructured Public Article || of the California Constitution. education tunucYng /n a more equitable marine,, directs This proposed law amends and repeals sections of the increased neaunuey to '///p'»'� �/ x' �/ language Education Code; there | iy proposed to be acquisition, and provides /oca/ conhn/ bo school �shict� lore, son deleted are printed in �� type new provisions �� of education, and schools nn how buspend 6 fpropused to be added are printedb � unoVq� through the local �onhn/ funding /bnnu/a and- Ihattheyavenow. local control and accountability plans; and () Whereas, Parents now have the opportunity to PROPOSED LAW particiPate /n building innovative new/ progn3ms that will Offer p4p//agreater do /�ea br acquire 22st century SECTION I. This measure uho|| be known' and may be s�///s suchaun,u/�~~r~ /�^ d on&�� /sn/� an cited, as the "'California Ed.G.E. Initiative" or "California ~'^^~' ~~~^ ~~ ^'~'~ ' ' ~ Education for aGlobal Economy Initiative." 0V Whereas, All parents will have a choice and voice to demand the best education �� bhe� chVdnen including SEC 2 Section �OO of Education Code is amended ' � � access to language that w�// �n� hha� to read: -"~ ,-�'-'- - '-'- � ch8dren'spnepanstiun for college and careers, and allow 300. TheIPe*ple people of California find and declare os bhennbohe more competitive, /na global econnny; and fu||owy� � 0Y Whereas, Existing /aw/ places constraints on teachers (a) Whereas, The English, language is the national public and schools, which have deprived many pupils of language ofthe United States ofAmerica and of the State opportunities io develop nnu/ti//ngua/akills,: and of California, |u spoken by the vast ma�ori�y of California f� /m) residents, and is also the leading world language for Whereas, Young '''''''='-''' -'''--' --'' ---' science ' ' glis and technology, oe�n8 r cneveoy �e an important !language ' - haydeniony�ahed uf economic uppo�unity'opportunity; -' -'' --� -=- '' —�- ---' -' '-----� the cognitive, and academic benefits b) Whereas, ofrnu/tilfngualis/n andnnu/bY/tenyg' ^''''"'°'' °^ ''^ ° `''^'°"x (* (n) Therefore |t is resolved that: amendments b/ end ah ' � ' ="=''s "'a=^e the E'vs"=" 'a'e""s= and obtain the / o� certain m�� f this chapter � th � education,. �hee�v them to fully � '-- �- - - -'-- - - *"� "� ''~''' ' p��='''s November 2026 statewide g-.,er-/ election will advance participate in m the Dream of economic and yuu|a| advancement; the goal of voters to ensure �that all children in California and public schools h || be tatght English as rapidly and (c) Whereas, California /s home to thousands ofity nnu/�na�ona/ businesses that must co/nn/un/uahe daily educabon, master the EnQhu/h b and access h�t- with associates around the world; and qu3//tK /nnova�ve' and��aeroh-baued/� programs �V Wh----' Ca//ho /a - -'-- ac/o«sa0seuhon� both that p/ov�e the Cu!�/o rn/a Ed.G.E. (Cu�/orn/a Educat/on Public and private, `ti ��a �/uba/ Gconmn �.employees use of their ability bo forge stronger bonds SEC. 3. Section 305 of the Education Code is amended with cuybonnexx clients, andbusineaspartnens,: and to read: 146 1 Text of pmpuseu Law, TEXT OF PROPOSED LAWS PROPOSITION 58 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 305. Stjhjeet. (a)(I) *-,rj the exeephons provided in Artiele (a) "English learner" means a ehild' who dioet riot Speak 4 As part of the parent and community e.,7,,aagementprocess required for the development of a local' control and f9at eurrently able --E) perfarigg afrmary elassreem Wer accountability plan pursuant to Article 4,5 (commencing -F.-ffgH-s-+T---a4-5&--k-r-e*r----at:---a---1--4'-fl4e4---Fftgk-54---Pf-afi-ei-effey--er- with Section -31G), all ehildren in Galiflarigia pLiblie seheals LE P e H i 1 F-1, PLI'oil Who is "limited English Proficient"as that shall he taijght English by being tatj& in English. tern, is defined in the federal No Child Left Behind Act. of Partieular, this shall reqtiire that all elgild.reig b .6iaeed. H9 122001 (20 U.S,C. 7801(25)), .English language elasgroams. Ghildren whe are Eng! I fb) "Eigglish langtiage elassreeng" means a elassreeffl iig ,earfqeFs shall be edueate_ thireugh sheltere_ English. ge of ingtruetion uged by the teaehirtg irnrnffsian dt-'ring a ternporar!� trangition peried not Y -iff vti-a+Y--if 4-p-tt Mta+l whielli stjeh teaehimg persommel pos-sess a lKnowledir be ,pen I'Red 'Le plaee in the sange eiassroang English ---t+te---- "Native speaker of English" 41ar-n-evs---&f---44fe-reflt---ages--- prefieieney is similar. Lrjeal seheals shall be eneatiraged-t-0 means a pupil who has learned and used English in hi's or her home from early childhood and English has been his or her Drirnary means of concern formation and J --fit native-language groups but with the saime deg communication, of English flijeney. Onee Englith learners, have aeqtjired-a good warking knewledge of Englisig, they sz1h,all, (c) "Enxalish language rflaifl4rearfl elassroarn" -fleans a to English language rne-ingtrearn eiassroarns, elassreeigg Hq wigielg pupils either are native Eigg4.5-19- t 145; M.z-1-1-P IHI 5,;.Q pessible, eurFent stipplefflental funding fei-- !FngljagP- speakers or alreacly have aeq#jifed feagaria English learnerg shall be rnaintained, stilbjeet to possii fk!eney H9 Eigg Language acquisition programs"refers fr+adifj-eat+aft-------titidar-------Ar-t+6e7------8------itrifftmeti-eitig-------Aijtt to educational programs designed to ensure English Seetion, below. 52060,,, of Chapter 6.1 of Part ,`8 of acquisition as rapidly and as effectively as possible, and D,ivision 4 of Title 2, school districts and county offices of that provide instruction to pupils or, the state-adopted education shall Solicit input 017, and shall provide to pupil's, academic content standards, inc.luding the English effective and appropriate instructional methods, including, la,,igt.lagcdev-plof)rneritst�3ncj'ar(IS. the language acquisittion but not limited to, establishing language acquisition programs provided to pupils shall be informed by research programs, as defined in Section 306. This requirement 1.s and shall lead to grade level proficiency V and academic intended to ensure that all pupils. including English achievement in both English and another lanL7ijaFe, learners and native speakers of English, have access to the Language acquisition Drograms may include. but are not core academic content standards, including the English limited to, all of the tiollo-wing: language development standards, as applicable, and (!) Duai-language irnmersi.on programs that provide de become proficient in English pursuant to the state Priorities ,integrated language learning and academic instruction for ;dentifi native speakers of English arxil native speakers of another led in parawraph ('21 of subdivision, (d) Ot Section 52060 and of Section 52066. language, with the g031S of high academic achieveirrient, (2) School districts and county oft,I ces of education shall, first and se-.cond language pnoficiency, and cross-,cultural at a minimum, provide de English learners with a structured understanding. English irm-nersion program, as specified in Secthon 306, (2) Tansitionai or developmental proggrarns 'or English for purposes or.e 9 learners access:ensuring that En lisp l h learners that provide instruction to pupils that utilizes i to the core academic content standards, including the English and a pupil's native language for literacy arid English language development standards, and become academic instruction and enables an English learner to prRicient in English pursuant LO the state priorities achieve E7111glish proficiencY and academic roastety of: identified in paragraph (21 of subdivision (d) of subject matter content and higher order skills, including Section 52060 and of Section 52066. critical think.,rig, in order to meet'.,state-adopted academic (b) When a school district or a count'.V office of education content standards. establishes a language acquisition program Pursuant to � (3) "Sheltei-ed English ifflifflersion" or "strtiettjred this section, the school district or county Office Of educationsEiqglis� H99,99ersien" means 8!9 Eigglish lanbguiagp-aeqH,!511!81q shall consult with the proper school'personnel, including,, proeegs for yeting ehildrett Stnxtured English, immersion but not limited ito, administ-tat-ors and certificate(!teachers with the appropriate authorizations and I experience. ence. programs for English learners in which nearly all classroom instruction is provided in English English, 11but with 4te (c) School districts and county offices of education are curriculum and a presentation designed tore pupils also encouraged to provide opportunities to pupils who are who are learning the language. English. _native speakers of I 1 English to be instructed in another e) "BililggUal edtjeatien�19EI4,iVC i 11 18 19 g H age iplStftj e an language to 3 degree sufficient to produce proficiency y in that language. The non-Engl,ish language should be at the all tr-xtbe znater a 3 i 111UU11 Fjks, and te�jehi�jg t.. i 1 discretion of the parents, community, and school', ai-e in the ehild"'t native langtiage.. depending upon the linguistic and financial resources Of the school community and other local considerations. SEC. 5. Section 310 of the Education. Code is arnei-ided to read: (d) A language acquisition program established pursuant 310. I to this section shall comply with the requirements of T-4e,(a)req#jife iv— Section 3 1 O witig the pHar written infaFn9eell eansent, te be previd-- 11 nntially, of theehild's Parents or legal g-t.lar(!,;ansot I pupils SEC. 4. Section, 306 of the Education Code is amended 'enrolled in the school may choose a language 3CCjuiS;tiOn to read: program that best suits their child pursuant to this section. 3016. The definitions of the teri-ns used in this article and Schools in vvhich the parents or legal in Article 4 1 (cornmencima with Section 300"are as ftpeeifiedA hlelow and in -Seetion 3 I. fo I I ows: -Ft-a' --reqttife7+1�ftt---s-a+f-+ guardians of 30 Text of Proposal Laws 1 147 TEXT DF PROPOSED LAWS PROPOSITION 5BCONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- puphks or rnore per school or the parents or legal gijardiari Section 3O5)and Artide3(oummencing with Section 3IO), respectively, all California school chiidren have the right to they there he provided a ftfl! defteriphon of the edltjeatiomal be provided with an English language publie, ealueation. if may be transferred ta(,!asses Wheire they are tatight Eflgiif54 standing to stie for enforeement of the provisions of this 20 pupils or more of a given grad"t, level reeeive a waiver in iggeffiber ei�- ather eleeted effieial &- publie sehael tea-el"e-F any grade request a language acquisition Program, that is or admini4fater who wilift,11y and' repeatedly refuses t-0, designed to provide language instruction shall be required iffiplengent the teriggs of ti9i's statute by previding sLieh a to olfer Such a elass, otherwise, they rfltist allow the pueil-s free.pubhc education and an En.01 ish la6guage&dljfdfiff!81 affered. Program, to the evtont possible, based upon the ehild rnay be Held personally liable for fees aigal aetu-E4 01)) It a school district a language acquisition education. pursuant to this section, it shall do both of' the SEC. 8. Section 335 of the Education Code is amended following-: to read. 0) Comply with the kindergarten and 6�odes I to �� 335. The provisions of -his act may be amended by a /nc/us�e class size re4u�sn/ento specified /n statute that becomes effective upon approval by the Section 42238.&2. electorate or by a statute passed byafvm�H�rds �^vo� of each 'louse of the �� Provide, as part ftheannua/ paopntnm�cerequ�ed Le8is|atureandsiQned ^~��^Coverno, pu/yuant tn3acbbn489SDur upon enrn/knen� the parent by the . or legal guardian of a f-ninor PL1,011 with information on the SEC. 9. Sections 2 to 8, inclusive, of this act shall types of�language available bopup0s enrolled /n become operative on July I. 2017. the school dst�c� including, but not �n�/tad b\ e descriptinnof each program. PROPOSITION 59 SEC, 6. Seution3Il of the Education Codeisrepea|ed. The following advisory question is submitted tu the people in accordance with Section 4 of Senate Bill 254 of the Waiver -flay be granted tjnder seetion -,319 are as 2Ol5-l6 Regular Session (Chapter 2O, Statutes of2GI6). Advisory Question: "Shall Ca|ifomia's elected officials use 4,5 all of their constitutional authority, including, but not limited to, proposng and rat!lying one or moraamendmants to the United States Conytitution, to overturn the state average for his of her grade level ar at ar above Citizens United v. Federal Election Commission (20I0) 558 U.S. 3lO� and other applicable |ud|u|a| precedents ' ' to allow -he lullregulation or limitation of campaign `~' Gleler ~^ ~^^ the ^^ '~ is oontributiuns and spendin8, to enyure that aU o|tizens, it is the int^^~^'~~ belief^ ~' the ~`^~`' prineipalregardless of weaith, may ex -heir views To one `~~^~^'~^~' staff that. an alternate~ ^~~'~~ of `~~^~^'~^~ another, and to make clear that corporations should not ~^~ ^^~~rapid ~^y~'~^'~^ have the same constitutional rights as human beings?" Ghildlreri with tpeeial needs. the ellhild already has PROPOSITION 60 This initiative measure is submitted to the people in 15, acoondoncewith the provisions of Section 8 of Article || of the California Constitution. This iniflative measure adds sections to the Labor Code that an a!ternate eotirse of edueational Study Would therefore, new provisions proposed t be added are printed in italic tMoeto indicate that they are new. PROPOSED LAW the exafflination and approval of the loeal tell"fet' stjperintendent tinder guidelines established by afl-d The California Safer Sex in the Adult Film Indust/yAct The people of the State of California do hereby ondain as tiltiniately the State Board of Eduea-tion. The existepleefu||owo: — --- --- -- —' — SECI 0NI I. Tit|e. Th'is Act sha!! boknmwn and may be citedau"The Cal ifurnio SEC 7. Section 32Ouf the Education Cude |oamended SafarSexintheAdu|tFi|m Industry Act" (the "Act"). to read: SEC. 2, Findings and Deu!amtiona. 320. As d eta i|ed in A,i4t4e Section 5 of'Article 0(ofthe The people of the State of California hereby find and Ca iforn/a Constitution, and Article 2 (commencing with declare all of the following: 148 1 Text of pmpus,u Law, TEXT DF PROPOSED LAWS PROPOSITION GUCONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ns | mi(a) Widespread tem ( dafor the Aot� legal defense should 'it infections with making adult films in California be adopted and thereafter challenged in col has been dooumented by one or more county departments SEC 4 The California Safer Sex in the Adu|t Film of public health. A|| workers in the adult film industry | deserve to 8o to work and not become i||. It is important ndust` Act |yuha|| be codified by adding Sections 6720 to thatsafer sex practices in the making of adult films, and in 6720.8' incsive' to the Labor Code. particular the use ofcondoms by performeo, be required SEC. 4.I. Section 6720 is added tothe Labor Code, to so as to limit the spread of H|VYA|DS and other sexually read: transmitted industry.feotiona in the adult film industry. Not only 672(l Health and f�7ol�,nenf Requirements, Adult the risk of HIV/AIDS and other sexually transmitted F7bn Industry, infections among adult film performers of immediate pub|icoonoern, butsuistheriskoftransmittin8H|V/A|DS (a) A adult film, d shall maintain and other aexua||y transmitted infections between adult c»//v»'s and work' practice� cuouu'^ su/'/ue/'/ to p'u'e^/ fm performers and the broader population. adult film p�/m/ �� xuo �^exposure -to �/ d u,� uth e: b�t�/� infectiousmaterial-sexually /�d (b) The adult fi!m 'industry places profits above worker potentially ( infections ^01P/M-S77'). Engineering cobm/y and work safety and actively prevents and discourages the use of pnyc//ce controls shall include: certain essential safer sex methods� Costs of vaccinations, testing, and medical monitoring relative to H|V/A|DS and (!I,' f�nv��mn of and required use of condoms during the other sexually transmitted infections are currently unfairly filming uf adult films. borne by adult film performers, while adult film producers t12) Provision of condom-safe water-based oru///cone-based avoid bearing these costs and responsibilities. T his Act is lubricants bu facilitate the use ofcono onriy, necessary and appropriate to address these public (3) Any other ,e3Son3b/e S77 prevention engineering concerns. controls and work practice controks as required by SEC. 3. Purposes and Intent regulations adoptedbv the board th ugh the administrative The people of the State of California hereby declare the /u/cxnuw///gy/ucess, so /u//g as such engineering following purposes and intent in enacting-his Act: and wn/kp»yctica controls are reasonably gerr-riane to the �urpuyexand/nten�ofSeo�cny�7�Obo�720�B' /nc/uu/xe� (a) To protect performers in the adult fi|m indust,y and minimize the apread of sexually transmitted infections (b) The costs of all ST/ prevention vaccinations, // ST7 ,esu|tinQfrom the making f adult fi|ms in California, thus tests' and a// /neo/cu/ /u//uw+up /e4u/noo in order for on reducing the negative impact on people's health and individual to be an adult film pe,'-fbnner, shall be bonne by improving Californians' quality of life. the adult filnProducer and not by the adult fi6npar�mner (b) To require producers of adult fi|mato comply with the (c) Adult fikn producers shall maintain, as strictly |aw by requiring. among other things' that performecs are confidential, as required ky law, any adu/ � n� � perhoo�er� protected by con domafrom sexually transmitted infections. health information acquired by any means. (c) To authorize and require the Ca!ifo,nia Division of (u) An adult hYnn producers failure to, offer, provide, and Oocupationa| Safety and Health (Cal/OSHA) and the pay fora ST7 prevention vaccine, ST7 test, or medical California Occupational Safety and Health Standards eU/n/nation, as /equ�ed /n orde, to be an adult fikn Board to take appropriate measures to enforce theAot, Performer, If such uauo�xy �s or exann/nabon /s (d) To consented to by the adult �� pe�bnne� sha� result /n a . . pena/bag /:~t the adult �kn producer, payable to the and medica| moniturinQ relative to H|VA|D8 and other Stebeof~~^~' '/a' equa/br the costofeachS77prexention sexually transmitted infections to be paid by adult film uacc/ne, each `77fest and each medical examination that iproduoersand to give adult film performers a rivate right adult n//n pnrd ucert~'' d to offer, provide, or of action to recover civil damages for economic or personal onbeha/fof�headu/t fi�nper�`nne� injury caused by adult film pruducers' failure to comply with the health and safety requirements of this Act. (e) Anyadu//film performer may seek and b rde addition brany other nen/edYesorda/n e0bwe6bv/aw< (e) To hold liable all individuals and entities with a ~*~~ ' a c/w/ damagesrd of � �f� thousand dollars finanoia| interest in the making or distribution of adult ~''~ � ($5O,O0CV to yearly monoumer pn�e /ndex fi|mywhovio|atethisAct ' ~~^'~~^ � increases, if the hie/ offact: (I) finds that the adult. film (f) To require adult film producers to provide notice of performer has suffered euonunn/c or personal trVury as a filming, to maintain certain records regarding filming, to 'result of the adult tVrn producer's teJuoe to comply with post a notice- regarding the required use ofoondomsfor yubd/my/ons CaV, t`tbV, or k); L2/ makes an a�mna�ve specified scenes, and to fu|fi|| additional health �nd> that the adu/tfilm,producersteiluoytucon/p!ywoo requiremen�y� ne�h�ent reckless, or /nbenhona// and (3) finds thatan awsrd /s appropriate,(8) To discouraQo noncom p!ianco and encourago , The ccurt shall award costs and cump|iancevvith the requirements uf this Act by requirinQ atbonney's fees to a pnsva/0ng, plaintiff /n Ht gation filed adu|tfi|m producers tobelicensed. Pursuant bo this subd>ub/unuraub4Yws/on (�. Reasonable afton� � he b x�ed �o V defendant (h) Tuext�ndthet|me inwhichthe�tateof Cal ifurnia may -'hnch-- —` - -��- - prevailing 4oun a n�by the court that the p/a/nbf7�pnosecubnn pursue violators of the Act. of the action was not /n good faith. /n the event that an (i) To enable whist|eb|oweryand private citizens to pursue adult h Ikn perhoorner's damages for euonunn/c or personal violators of the Act where 'the state falls to do so. /n/ug/ are covered by the adult fil.rn Producer's wno\ero' (j) To prohibit talent agents from knowingly referrinQ adult co/npensation insurance, this subdivision shall not apph/ fi|m performers to locations where condoms will not be 07 Any adult him performerentit/ad to bring, an act/on used in the making of adult films. under subdivision (e) shall' be entitled to bring such an Text ofp,uposox Laws 1 149 TEXT OF PROPOSED LAWS PROPOSITION 60 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- action on behalf o't -n I all sh ';I farty situated adult film (5) The narne and contact intorr-riation of any talent agency perfori-ners, subject to class certification b- film a court. that referred any adult film performer to the adult fil (g) By January 1, 2018, the board shall adopt regulations Prooucer, I to irr L L'plement and effectuate the provisions and purposes (6, A certification, signed by the adult fill-n producer, under of Sections(5720 to 6720.8, inclusive, in accordance with penalty of perju y, that: the e rulernaking provisions st.ons of the Administrative Procedure (A Co ndoms ondoms will be used or have been used at all times Act (Chapter 3.5 11340)on(commencing Se;ng with ct Of durfri, t�,,the 1i - , filming of acts of vaginal or anal intercourse; Part I of Division 3 of Title 2 of the Government Code). (B.) All STI testing, STI prevention vaccinations, and 'hl this section, shall not be construed' .LO reqUi fe COrIG I OMS, medical ewanrihnations, as required in order for an individual barriers, or other personal protective equipment to be to be an adult film performer, have been offered to the visible in the final product of an adult film. However, there in the individual prior to the beginning of filming at no charge to L shag! i be a rebuttable 'oresumption that any adult film, the individual; and without visible condoms that is distributed for commercial, purposes in the State of California by any means was -(C) The costs of all admlnislered STI testing, STI produced in violation of this section. prevention vaccination, and r-riedical exarninations have 0) L.Obililjv under Sections 67.20 to 6720.8, inclusive, been paid b-v the adult film Producer. shall not apply to adult film performers, bona fide (7,; An-v other documentation or information that the employees, individuals providing independent contracting division or board may'may' require to assure compliance with services, or production volunteers of an adult Winn producerthe provisions of Sections 6720 to 6720.8. inclusive. who are acting within the scope of: the general services (b) Upon submitting, the information required by this being provided and in accordance with the instruction of section, the adult film producer must Day a fee set by the the adult film producer, provided that such individuals division or board in an amount sufficient for data security, have no financial interest in the adult fil.rn and are not data storage, and other administrative EV,DenSeS associated I adult /t fill-n producers. Such Individuals shall not be with rec e iving', processing, and mail i ta in ing a 11 information considered agents of the adult /t film producer to,-purposes submitted under this section. Until the division or board of Sections 6720 to 67PO,8, inclusive. sets the fee, the fee shall be one hundred dollars ($100), (j) Nothing in Sections 6720 to 6720.8, inclusive, shall The fees collected pursuant to this subdivision shall not be ' ce ect prevent state agency, such as the division or board, from used to over th costs of enfor cing S ions 6720 to promulgatln.gT re.gTulafions govnffnIng Z. the making, prod I uci.ng, 672U8, inclusive. financing; and distributing of adult films, so long as such (c) Where an adult film has timn or more adult film regulations enhance workplace safety protections and producers, one of the adult film producers may transmit rights for adult film perfori-riers and do riot weaken the the information required to be disclosed b.v subdivision (a) requires-nents of Sections 6720 to 6720.8, inclusive. on behalf of all of the adult films adult film producers. (k) in the event the amount of any monetary penalty set (d) Ar., adult film producer's failure to timely disclose to forth in Sections 6720 to 6720.8, inclusive, is found the division the information required by this section, or to invalid rivalid by a court of lawn the division is empowered to and comply with, the subdivision, (f) training, program sha.if develop, arid the board is en7powered to arid shall requirement, the subdivision (g) sign3ge requirement, or adopt,monetarypenaltieS Via the administrative rolelrl3king the subdivision (h) recoro(keeping requirement, shall be process in a reasonable amount sufficient to deter punishable by a penalty of no less than one thousand noncompliance and encourage compliance with the dollars ($1,000)and no more than severs thousand dollars requirements of the provisions in which the penalties are ($7,noo)perviolation;as determined via the administrative found to be invalid. entorcement process or a Civil action. Each repeat violation SEC, 4.2. Sep tioii 6720.1. is added to the Labor Code, shall be punishable by a penalty of no less than seven i thousand dollars ($7,000) and no more than fifteen Lo read: thousand dollars ($15,00C), as determined via the 6720.1, Notice& Disclosure. administrative enforcement process or a civil action. The (a) [Alithin 10 days after the beginning of filming, an b an adult failure to 'provide any individual piece Of infOrl-173tion reqy subdivision (a)constitutes separate violation. film producer must disclose to the division, in writing, signed under penalty of pejjury by the adult Elfin producer, (e) An adult film producer who knowing ly makes any false the following, information: statement, representation, or certification in complying (1) The address or addresses at which the filming I k with subdivision (a) shall be assessed a oenalty of I not 'OOK, )-S more than seventy thousand dollars ($70,000) as tak'ing, or will take place, with any changes in location to d.eterf-- i Im,7:ned via the ao in,istrative enforcement process or be disclosed to the division within 72 hours after such a civil action, changes occur. + (f) An adult film producer shall provide a training program (2) The date or dates on which the filming took, is taking; to each adult film performer and employee as required red by or will take place, with ar.,y changcfes to the filiningCf(late or I J, , Y regguiations adopted by the board in accordance with the dates to be disclosed to the division within 72 hours after i er such changes occur administrative rulemaking process. 'g A legible sign shall be displayed at all times at the -3) Me name and contact information of the adult film, location -where an adult film is fill-ned in 'a conventional producer. typeface not smaller than 48-point font, that provides the Me narne and contact information of the designated following notice so as to be clearly visible to all adult film custodian of records as required by subdivision (h). performers in said adult films: 150 1 Text of ProrYlsed Liaws TEXT OF PROPOSED LAWS PROPOSITION 60 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 'The State of California requires the use of.ondorns administraLive enforcement process or a civil action, to for all' acts of vaginal or anal intercourse during have violated subdivision (a)of Section 6720, the production of adult films to protect per,16rrners from sexually transmitted infections and diseases. (d) For any adult film producer who is not at,, individual, no license shall be effective unless all owners and ,any public health concezrr7s regarringahyactivities managing agents of such adult film producer obtain a occurring during the production of any adult films license, should be directed to: (F) A license shall be effective for two Years, unless suspended b-v the division. Following the last day of the The division or the board shall determine, and shall 1'I make suspension period, the division,shall inform the suspended available to the'Dubilic and to all adult film producers, the licensee of license reinstatement, language Le I re inguagetobeinsert,ddi ctly above the blank line on the sign reaLored by this subdivision, and all adtdt, film, producers shall comply with such determination, by (1) Each applicant and licensee must not have been inserting such language directly above the blank line on found, through the administrative enforcement process or I,',,e s:ign by a court, to have violated any of the requirements of (h) An adult film rodu-.cer shall designate a .custodian of subdivision (a) of Section 6120 for the 12 months p preceding the filing of an application with the division or records for purposes of Sections 6720 to 6720.8, the duration o'f the adult film? Producer's suspension, inclusive. For a period of riot less than four Years, the custodian of records shall maintain: I:chever is less. 1l11 persons shall be considered in compliance with Sections 6720 to 6720.8, inclusive, ive, as (1) A copy of each original and unedited adult tihm made, of the effective date of Sections 6720 to 6720.8, inclusive. produced, financed, or directed by the adult film producer, (g) Klheneve,, fife division determines that a licensee has (2) A copy of I the mformation required to be disclosed by failed I to comply with the requirements of subdivis'ion (a)of Subdivision (a). Section 67,10, the division Shall issue a written notice 10 (3) Proof that the adult film producer provided a training the licensee. The notice shall Include a statement of program to each adult film performer and employee deficiencies found, shall set forth .corrective measures, it: pursuant to subdivision (f). any, necessary to,,, the licensee to be in compliance with (4) Proof that a legible sign was displayed 3,t the locations subdivision (a) of Section 67PO, and shall inform the Where the adult film was h I lined pursuant to subdivision (7). ih.Censee that penalties or license suspension majv result. (i) By Jan .any 1, 2018, the division or board shall adopt (h) A written request for administrative ;strative review or for a by t e regulations to inplement and effectuate this section and continuance if.gTood cause is shown must. be made , th noticed licensee within I i5 calendar (Jays of the issuance Section 6720.2 in accordance with the rulemaking of the notice to comply, or else Such revi;ew or continuance 'DrO Visions of th e Ac.Irmin is tra tive Procedure A c t(Cha.p ter 3.5 are waived, (commencing with Section .11.3401) of Part I of Division 3 of Title 2 of the Government Code). (Y) KIithin 10(lays after the adiministrahve rev,,ew or waiver, SEC, 43, Section 6720.2 is added to the Labor Code, excluding weekends and holidays,days, the division shall issue a written notice of decision to the licensee, specifiling an to read: I .. , Y penalties imposed on the licensee.1 icensee. For licenses censes that have 6,120,2. Adult Film Producers: License, been suspended, the notice oil decision shall Specify the (a) Within 10 days after the beginning of filming of an acts or ornissions found to be in violation of Sections 6720 adult film, the adult films adult film producer shall pay the to 6720.8, inclusive,. and, in the case of a suspended required application fee, subtrit a required al) fication to license,shall state the length and extent of the suspension. , I It , P" the division, and obtain in a license, An adult film 'Drod I ticer The notice of decision .shall also state the terms, if any, With a license that is in effect at the beginning of filming upon which the license may be reinstated or reissued, an adult film shall not be required to stibroit a new license W A license issued pursuant to Sections 6720 to, 67PO,8, 3PPI,ication and fee. The app•lication fee shall be set b'v the inclusive, rnay be reinstated it'the division determines that division via admini-st'rative tulernaking 'in an amount the conditions which prompted the Suspension no longer sufficient to provide for the cost of the administration of exist and any penalties imposed I pursuant to Sections this sect r.,. Unti the division sets the fee, the fee shall be 67-20 to 6720.8. inc'lusive, have been satisfied. It,, no LiO the one hundred dollars ($100 The fees collected punsuant event shall this section be construed as limiting a licensee's to this subdivision shall not be used to cover the costs of enforcing Sections 67PO to 67PO,8, inclusive. right to seek roana0mus or to appeal ar., adverse license decision. (b) A license shall be effective immediately upon the I'k� 0 Performing the functions of an adult film, produce, division's receipt. of the application and fee so long as the t - ' - I u a If;Cense shall restIlit I,,., a fine of up to fifty dollars appi,ication and fee are, transmitted to ay division w,ifflin ($50)pet,day for any adbiltfilf-ri producer who has previousIv 10 a0ys after the beginn,;rig of: filroing. In addition, the been found to have violated subdivision (a) of Section license shall be effective retroactively by 10 days or shall 6720. Any adult h I hrri orodu-.cer who'fails to register as an fe I - . . : be et ct;vp on the day of beg,-inning-of filming, whichever adult film producer within 10 days after qU3 fyin, is earlier. , ga as 317 adult film producer shall be liable for a fine of tip to twenty- (c) -Issuance of a Ih.Cense shall be a ministerial task to be five dollars ($25) per day for performing the functions of performed by the division. Suspensionwithout i of a license shall an adult film producer iLhout a license. only be permitted upon a Stipulation by an adult film producer or upon a proper showing before --? presiding SEC. 4.4. Section 6720,3 is added to the Labor Code, officer. to be selected by the division to conduct the to read: nearing, that the licensee has been found, via the 6720.31 Statute of Limitations. Text of Proposal Laws 1 151 TEXT OF PROPOSED LAWS PROPOSITION 60 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (a) notwithstanding Section (5317, In an action to (I) Not less than one-half titries, but not more than P,'OSe-Ute 3ny alleg , of Sections 61720 to one-and-one-half time, the total amount of commercial I ed violators, 6720.8, inch,,,sive, or any adult film regulations now or consideration exchanged 7angled. for any rights in the adult films. hereafter adopted, the time for commencement of acti I o 1,, (2) Not less than one--half times. but not more than shall be the later of the f6l1ovvjr7&- one-and-one-half times, the total cost or I ProduciriR t-fie (1) One year after the date of:the violation. adult films. 0 On I:)e year after the violation is discovered, or through, (b) Any person found to have aided and abetted any other the use of reasonable diligence, should 7OUld have been person or persons in violating subdivision (3) shall be discovered. found liable for violating subdivision (a). SEC, 4.5. Section 6720.4 is added to the Labor Code, (c) Any person found liable for violating subdivision (a) to read: who has previously been found liable for violating ' " shall be assessed 3 penalt of the greater 6720.4, Liability and Penalties, subdivision, f3. 1 Y (a) Notwit-fistandi rig any cont-tary provisions in Sections of, 6 N I Not less than two times, but not more than three times, 423 to 6436. inclusive, every adult film producer, or any 4 4 1 L . _ 1, person in an agency relationship with an adult film the amount or commercial consideration exchanged for producer, who does I an-V of the following shall, In an any rights in the adult film,. administrative or civil action, be assessed a penalty as (2) Not less than two times, but not more than three fime s, defined in subdivision (b): the total cost of producing I the adult film. (1) Negligently violates any provision of subdivision (a), (d) Any person found liable for violating subdivision (a) (b), or (c)of Section 6720 who has been found liable two or more times for violating (2) Knowingly or repeatedly violates any provision ot subdivision (a) shall be assessed a penalty of tile greateir subdivision (a), (b), or(c)of Section 672;'0.: of: F8 (3) Fails or refuses to comply with, after notification and (1) Not less than three times, but not more than four i of any abatement 'period, an-v provision ot t;n'7es, the amount of:commercial consideration exchanged subdivision (al), (b), or(c)of Section 672;'0.: or for any rights in the adult film. (4) Aids and abets another to commit 317Y ,of the acts in (2) Not less than three times, but not more than four. paragraph (1), (2), or('3)of subdivision (a). times, the total cost of producing the adult film. )1 Any violation of paragraph "I I of subdivision (a) Is (e) Sections 67,20 to 6710,8, inclusive, shall.not apply to punishable by a penalty of not less than one thousand legitimate medical, educational, and scientific activities, dollars ($1,000) no,, more than five thousand dollars to telecomrouri,ication companies that transfinit or earn'-L - ($5".000); any violation of paragraph (2) or (3) of adult films, to criminal law enforcement and 'prosecuting subdivision (a) is Punishable by a penalty v ofinot less than agencies in the investigation and prosecution of criminal more thousand dollars ($5,000) nor re than seventy offenses, and to any Winn rated by the Motion Picture thousand dollars($70,000);and any violation of'paragraph 03ragr3. ph Association of America unless such film is an adult filar. (41)of subdivision (a)is punishable by a penalty of not less SEC. 4.7. Section 67-20.6 is added to the Labor Code, than one thousand dollars ($1,000) nor morethan thirty.- to read: five thousand dollars ($35,000). (c) Notwit-fistanding any cont-tary provisions in Sections 65720.6. Enforcement, Whistleblowers; Private Rights of Act 6423 to 6436, inclusive, any adult film producer who ion. willfully violates subdivision (P) of Section 6720, the (a) Any person who violates any provision o't I Sections violation of which causes death, or'permanent or prolonged 67-20 to 6720.8, inclusive, shall be liable via the bodily impairt'nent, to the adult film performer, is administrative enforcement process, or VI 3 3 civil action punishable by a -,line of not more t-fian one htmdred brought by the division or its designee, a civil prosecutor, thousand dollars ($100,000) -via the administrative an adult film I performer aggrieved by a violation of Section enforcement process or a civil action, If the adult film 6720, or an individual residing in the State of California. producer is a limited liability company or a corporation, Any adult film performer or individual, before filing civil the line may not exceed one million five hundred thousand action pursuant to this subdivision, friust file with the dollars ($1,500,000). division a written request for the division to PUrSble the SEC. 4.6. Section 6720.5 is added to the Labor Code, alleged Violator io,13tor or violators via the administrative to read: enforcement process or via commencement of a civil 55. Agents of Control;Aiding and'Abettirfg,, Multiple action. The request shall include a statement of the (5720, grounds for believing that Sections 6720 to 6720,8, Violations. inclusive, have been violated. The division, shall respond to (a) Every person who possesses, through purchase for the individual in writing, indicating whether it intends to commercial consideration, any rights in one or more adult pursue an administrative or civil action, or take no action. films filmed in California in violation of subdivision (a) of if the division, within 21 days of receiving the request, Section 6720 and who knowingly or recklessly sends or responds that it is going to pursue the alleged violator or causes to be sent, or brings or causes to be brought, into violators via the administrative enforcement process or a or within California,I for sale or distribution,, one or snore civil action, and initiates enforcement Proceedings or files adult films filmed in California in violation of subdivision a civil action within 45 days of receiving the request, no (a)of Section 672;'0, with Intent to distribute, or who offers other action may be brought unless the division's action is to distribute, or does distribute, such films for commercial abandoned or dismissed without. prejudice, if the division, vision, purposes, shall be assessed a penalty of the greater of. within '211 days of receiving the request, responds in the 152 1 Text of Propose' Laws TEXT OF PROPOSED LAWS PROPOSITION 60 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- negative, or fails to respond, the person requesting the concurrent jurisdiction over the enforcernent of this action may file a civil action. section. V he' time i hii-rie period within which a civil action shall be (d) Upon the finding of liability for violations of subdivision commenced shall be tolled from the date- of the division's (a) of Section 6720, the division shaft 1 transmit the receipt of,the request'.- to either the date the civil action is inforrnation, in paragraph (5) of subdivision (a) of Section ,dismissed without prejudice or the administrative 672,20,1 to the Departrnent of Industrial Relations, Division enforcement action is abandoned, whichever is later, but of Labor Standards En forcem ent, or a n v successor agency only for a civil action brought by the individual who filed SEC. 4.9. Scaction 6720.8 is addcad '�o the Labor Codca, L th,e re q u es Lt. to read: (c) No civil action may be filed under this section with . i regard to any person for any violations of Sections 6 720 to 6720.8 het nitions. 67,10.8, inclusive, after the division has issued an order For purposes of Sections 6720 to 65.720.8, inclusive, the consistent with Sections 61120 to 6720.8, inclusive, or following definitions nitions shall apply: a penalty against that person for the same 'a' "Adult film" means any recorded, streamed, or violation. Although Sections 6720 to 6720.8, inclusive, ( ", impose no crimi I nal liability, no civil action alleging a real-time broadcast of any filt-ri, video, multimedia, or other violation of Sections (5720 to (5720.8, inclusive, may be representation of sexual intercourse in which performers filed against a person pursuant to this section if'3 criminal actually engage In vaginal or anal.peneilrattion by a Penis. prosecutor is maintaining a criminal action against that (b) "Aduli film performer" means any individual whose person regarding,the same transaction or occurrence. Not penis penetrates a vagina or anus while being filmed, or more than one iUdgment on the merits with respect to any whose vagina or anus is penetrated bya penis while being particular violation of Sections 6720 to 65.720.8, inclusive, filt-ried. may be obtained under this section against any person, (c) "Adult film producer" means any person that makes, The court may dismiss a pending action, without prejudice I finan I ces, or directs one..or more adult films to any other action, for failure of the Plaintiff to Proceed produces, diligently or in good faith. filmed in California and that. sells, offers to sell, or causes .to be sold such adult film in exchange for commercial (d) I f j iUdg-ment is entered against one or more defendants consideration, in an action brought under this section, penalties recovered (d) "Adult film regulations"means all regplations adopfed by the plaintiff shall be distributed as follows: 75 percent to the State of California and 25 percent to the plaintiff by the board in accordance vvith the rulemaking provisions The court shall award to a plaintiff or defendant other than Of the Administrative Procedure Act (Chapter 3,5 a governrnental agency who prevails in anv action (commencing with Section Z.7340)of Part 1 of Division 3 authorized by Sections 6720 to 6720.8, inclusive, and of Title 2 of the Government Code) that are reasonably bnou,szhtt pursuant to this section the costs of litigation,. germane to the purposes and intent of Sections 6720 to i I nci.uding reasonable attorney 3 fees. However. in order for 6720.8, inclusive. a defendant to recover attorne 's fees from a plaintiff,, the ('P,, ::Aided d s" means Y P , and abetted" or "aids and abets" court must first find that the plaintiff's pursuit of the knowffn.gly or recklessly giving substantial assistance to a litigation was frivolous or in bad faith. person. AFL, 4.8, Sectioii 6720.7 is added to the Labor Code, (01 "Reg;nning Of filming" means the point at. which an adult fi/' to read: m begins to be recorded, streamed, or real-lime 6720.7. Ta h-1 i i t Agency Liability broadcast. (a) It shall be unlawful for any talent agency, as that teef`n, (g) "Board" means the Occupational Safety and Health is defined in subdivision (a) of Section .1700.4, to Standards Board. knowingly refer, for monetary consideration, any adult film (h) "Commercial consideration"means anything of value, performer to any producer, or agent of the produce,,, 'noludi C, but not limited to. real or digital currency. or including, but. not limited to, casting directors, of adult 1 -1 1 rlz> orvestedriFhtsinan currentorfUtUrereVenue. films who are not in COMPliance wifh subdivision (a) of contingenty Section 6720. Any-talent agency found liable for violating (i) "Coml-nercial purposes" means to sell, offer to sell, or this subdivision shall be liable to the adult film Derf,.9r)`?7Pr cause to be sold, in exchange for commercial consideration. for the arnount of the monetary consideration, received by (j) "Distribute" or "distributed" means to transfer I t '7 17 violation h,e talent agency as a result of the referral,'-,made i r cial considera tion, of this section and forreasonable attorney's fees associated possession of in exchange for comme with successfully pursuing the talent agency for liability for W "Division" means the Division of Occupational Safety violating, this subdivision. and Health. (b) Any talent agency that obtains written confirmation (1) "Filt-ried"and"filning"means the recording-,streaming, prior to the beginning,of filming, signed under penalty of or real-time broadcast of any adult film. pe,iury by the adult film producer, that the adult film ,j (m) "Ll'cerisc,"mearisAdii!t Fifer?Prol,,,,ce,,Hea,','.-,', License. producer is in compliance with, and will continue to . comply with, all requirements of subdivision (a),of Section (n) `Licensee" means any person holding a valid Adult 6720 shall not be liable for violating this section. Film Producer Health License. Violation of this section may be grounds for suspension (o) "Other potentially infectious material-sexually or revocation of the violator's talent agency license. The transmitted infections"or "OPIM-STI"means bodily fluids Division of Occupational Safety and Health and the and other substances that may contain and transmit Division of Labor Standards Enforcement shall maintain sexualIv transmitted pathogens. Text of Proposal Laws 1 153 TEXT DF PROPOSED LAWS PROPOSITION GDCONTINUED ¢V ^Pecam/" /n h�n� ytake |n defendinQthioAutfmm ounstitutiona| orytatutory as�oci3 co/pore/on lf;niteal0ab8JycompanY, orother challenges to the Aot's validity. In the event the Attorney /ega/ ent itK General fails to defend this Act; or the Attorney General �) ^SenuaXy �ansn�/�ed /nfechon" or '�ST7" /nasnsany 'a'l's to appeal a'' a",e'"= j""o"='` aya"'=` the /n/eotion or dl;Seaae spread by sexual ` ;ntanro—� ' constitutionality. or statutory i ibi|ity of this Act, in /no/-- �' -- /�n�ed h� 'H/K�/D3 �unes' whole or in par in any court, theAot'y Proponent shall be -' -h��, h/3 ~- -' hepatitis, o' Eend / entit!edtoasaefth|udirectand peryona|stakebydefendin8 the Aot'svalidity in any court and shall be empowered by hu/nanPap/0bnnamirus/nfeuf/on (fPk), andgen/ty/heqres. the citizens through this Act to act as an agent of the SEC. 5. Libera! Construction. citizens of the State of California subject to the following This Act is an exercise ofthe public power ufthe people of conditions: (l) the proponent shall not be considered an the State of California for the protection, of their health, "at-will" emp|oyee of the State of California, but the safety, and weifare, and shall be |ibera||; construed to Legis!aturesha|! have the authurityto remove the proponent effectuate its Purposes. from his aQenoyrole by ma] orityvote ofea�h huuse uft he Legislature when, "good cause" exists to do so, os that term SEC. 6� Conflicting Measures. is defined by California case ;law; (2) the proponent This Act is intended to be cornpreheilsive. It is the intent take the Oath of Office under Section 3 ofArtic|eXXufthe of the people of the State of California that in the event (California Constitution, as an employee of the State of this Act and uno or- more measures re|atin8 to the same Calif (3) the proponent shall be sub - to all subject shall appear on the same statewide ba!|ot, the fiduciary, ethical, and legal duties prescribed by iaw/ and provisions of the other measure or measures sha|| be (4) the proponent sha!! be indemnified by the State of deemed to be |n conflict with this Act. In the event that California for only reasonable expenses and other losses 'this Act receives agreater number ufaffirmutivevotes, the in by the proponent, as a8ent, in defending the proviui oils of this Act shall prevail in their entirety and a|! validity of the challenged Act. The rate of indemnification provisions of the other measure urmeasureyshai| be nu|i shall be no more than the amount it would cost 'the State and void. to perform the defense itself. SEC, 7. FruponentAccountabi|ity. SEC. ll. Effective Date. The People of the State of California hereby declare that Except asothervvise provided herein, this Act sha|i become the proponent of this Act should be he|d civilly liable in elfeotivethe clay after- its approval by the voters. the event this Act is struck down' after pausa8e, in who!o ur|n part, bya court for being constitutionally orstatutori|y impermissible. Such a constitutionally o, statutorily PROPOSITION 61 impermissible initiative is misuse of taxpavrarfundaand This initiative moaauro is submitted to the people in electoral resources and theAct's proponent, as the drafter accordance with the provisions of Section 8 ofArt|o|e || of of the Act' must be held acuoun-able for such an the California Constitution. Occurrence. This initiative measure adds a section to the VVe|fare and In the event this Act, after pasuaQe, is struck down in I institutions Code; therefure, new provisions Proposed to be court, in whole or in part, as unconstitutional or statutorily added are printed in /be//o bf,,e to indicate that they are invalid, and all avenues .orappea!ing and overturning the new. court decision have been exhausted, the proponent shall pay u civil penalty of $lO.00Oto the General Fund ofthe PROPOSED LAW State of Cal ifomia for fail ureto draft a wholly constitutionally ur statutorily permissible initiative law. No party or entity The California Drug Price Re|iefAot may waive this civil penalty. The peop|e o� �he State of California do heraby ordain as SEC, O. Amendment and Repeal. fo||ows� This Act maybeamendedto further its purposes bystatute SECT.ION Titie. passed by two-thirds (2/3) vote of the Legislature and Thiu Act shall be known' and may be cited. as ''The signed by the Governor. California Drug Frice Relief Act" (the "Act"), SEC, Severab|i|ity. SEC. 2. Findings arid Declarations. If any provision of this Act, or part thereof, or the The peup|e of the State of California hereby find and app|/oao/|/ry or any provision or pa to any person Or declare all of the following: circumstances, is for any reason held to be invalid or uncunstitut|un i the remaininQ provisions and parts shall (a) Prasc�iptiun dm8coutu have been. and continue to be, - ' one of the greatest drivers of risinQ health care ousts in not be acted' but sha! remain in full fo,oe and effect, ! Ca!ifomia� and to this end the provisions and pa�� uf this Act are severable, The voters hereby declare that this Act, and (b) Nationally, prescription dmQspendh��ncreayed m votersore each portion and part' wmu|d have been adopted than 800 percent between lygOand 2012, makingitone irrespective of whether any one o, more provisions or pads ufthe fas et GnowinQ seQments of health care. are found to be invalid or unconstitutional. (c) Spending on specialty medications, such, as those- SEC. lO, Legal Defense. used totreat HiVA|DS, HepatitisC, and cancer, are rising The people of the State or California desire that the Act, if faster- than other types of medicotions. In 2014 alone, approved by the voters, and 'thereafter challenged in court, total yPendi»Qon specialty medications increased by more, be defendad by the State of California. The people of the than 23 percent. State of California, byenacbnQ this Aot, herebydedare (d) The pharmaceutical industry's p,actioe of ohaqging that the proponent of this Act has a direct and peroona! inf|a�ad drug prices has resulted pharaou�ioa| 154 1 Text ofpmpus,uLaw, TEXT DF PROPOSED LAWS PROPOSITION G1CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- oom profits exceeding those of even the oil and drug by the United States Departi-nent,of' Veterans Affairs. investment bankinQindustries. The requirements mf this section shall not be applicablebo (e) Inflated drug pricing has led to drug companies dfUgS purchased or procured, cr:abeydava/4oed, Pumuant |aviahin8excessive pay on their executives. toorunde/anyyNech'Ca/nnano�ed care program. (f) Excessively priced drugs continue to be an ;unnecessarye�aary �) /� is the intent of the / of'the State o/Ca//forn/a burden on California taxpayers that uitimate|y result s in that the State of California, and a// state u�enc/ex and cuty to health care services and providers for people in other ��'��/ � /ts need with the nnanutecbuner of any drug �� the punchaoe uf prescribed drugs, ' // bhiyseut/on /n a timelytimely(g) Although California has engaged in effortu to reduce n73nne' and to that end the State Of California and all prescription drug costs through rebates,dru f t such state agenciesandubheratsbyentibeyanenaquredb/ areuti||able to charge the state more than othe,Qov*rnment implementand comply with this law no /aferthan Ju/y I, payers for the yame medivatiuns, reou|tinQ in a dramatio 2 27 imbalance that must be rectified. I'd) The State of California, and each and e state (h) If California is able to pay the same prices fo, dn// u/ � ~ other '' presoription drugs as the amounts paid by the United and»�s/a�on« ' /e/nenttheproms' uo'bh/seobcn, States Department of Veterans Affairs, it would result in and may seek any waivers of federal law, rule, and significant savings toCalifornia and its taxpayers. ThiyAot - /yti n necessary to /mo/en,en;the provisions of this is necessary and appropriate to address these pub|io section. concerns. SEC. 5. Liberal Construction. SEC. 3, Purposes and Intent. ThisAot is an exercise of the public power ofthe people of The people of the State of California hereby declare the the State of California for the protection of 'heir health, following purposes and intent in enacting this safety, and welfare, and shall be liberally construed to (a) Tu enable the State uf California to nay the prices effectuate its purposes. for preycrip�ion dru8s au the phues paid by �he United �EC� 6� Conf|ictinQ Measures. States Department of Veterans Affairs, thus rectifying the his Act is intended to be com h naive |� is �he |ntent 'imbalance among government payers. +«� � � Of the people of the State of California that in the event (b) Tb enable siQnificant cost savings to California and its this Act and one or more measures relating to the same taxpayars for prescription drugs, thus helping to stem the subjeot shall appear on the same statewide ba||ot, the tide of rising health care costs in California. provisions of the other measure- or measures shall be- (c) To provide for the Aot'a pmper legal defenseyhou|d it deemed to be in conflict with this Act. In the event that be adopted and thereafter challenged in court. this Act receives agreater numberofafiirmativevotes, the provisions ofthis Act shall prevail in their entirety, and all SEC, 4� The CaliforniaCa||furia Dm� Priue Re|i�f ��t sha|| be provisions of the other measure or measures shall be nu|| codified by addinQSection I4lO5.32 to the VVe|fare and andvoid institution's Code, to read: . SEC 7 Proponent Accountability. 2�IO5.32 Dru�p�c�� The poop|e of the State of California hereby deo!are that kv/ Notwithstanding any other provision oflaw and insofar the proponentof this Act should be held civil iab|einthe as may permissible' ' ' ^^~~ '^~~~' '~~' ^~^^^' the S^~^^ � r ! � ineventhi��ct iuumckdown' after in wh n�n� oteoryofCalifornia, nm'a state- d part, byauou�ofavfor being con/� |yoatauto °^a^" entity, impermissible. Such a constitutionally or statutorilyDepartment °' Health "a', Services, shall =^ �'v° """ impermissible initiative ivamiuuyeoftaxpayer funds and t with �� u�e f th"s'""''"'' '''"''" = " °'� "'°a '� = electoral resources arid theAot's proponent, as d�f-e, of h f d/ug / thet f f thethe Act, must be he|Wroe d accountable �such '�n 000urrnue � unive of cash discoLints, free goods, vo.��ob/, rebabys ora�yotherd� un co ��or credits, as �n the even- this Act. after Passage, is struck down in a dehynn/ned by the State DeDadhment of Hea/th Cane court of law, in vvhu|e ur in part, as unconstitutional or Sen/�es, /s the sanneasorless than thelowest p�cepe�d statuto,i|y inva|id, and a!! avenuesfor appeal have been for ices, S3177 d� � y he United Se Department of exhauated' the propont shall pay a civil penalty of NetaranyA tf3 irs, $lO.00Otothe General Fund of'the State of California for failure to draft and sponsor a wholly uonstitutionaUy or �V The��ceca��des��bad/noubd7ub/cnie)also shall statutori|ypermissib|e initiative law but shall have noother app� �n �// where the State ofCu//forn/a or an liability to any parson or entity with respect to related to stateadm/n�i�tme � �� the ' ' ='' " or arising from the Act No party o, entity may waive this u/timatep for the o� � , even /f//did not purchase the civil Penalty.dn{g d�eot/v, This includes, but is not /in/ted br, California's &Yedi-Cal fee-for-service oubnatien,' druff SEC, 8. Amendment arid Repeal. program 6 California's A/DS Do&�Assistance 'his Act ma; be amended to further its purposes by statute /n add/hon to /s for h discotmts, free passed by two'thirdsxote of the Legislature and signed goud� volume o/xcouncs, r000/e� or o/0' other o/ocuu///s b;the Covernor, or credits already /n place for these o the - SEC. g. Soverabi|ity. ./esponad/e state agenqv shall enter into additional' a.gTreements with uh6gT n,anutacbu^e/s for h/rther price If any provision of this Aot, o, part thereof' o, the oyductiunyyu that the net cost mf the as determined applicability of any provision or part to any person or by the State DePartrnent o/ Health Care Sermcey, /s the circumstances, is for any reason held to be invalid or ue/ne as or less than the lowest price paid for the same unuonst|tutiona|, the remaining provisions and parts shall Text ofp,uposox Laws 1 155 TEXT DF PROPOSED LAWS PROPOSITION G1CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- nut be affected, but shall remain in full |urce and effect, 2. Uncle rcunent law, Ca|i�xniasentences man criminais and to this end the provisions and pa�yof this Act are to death who commit first degree murder, but the state severable. The voters hereby declare that this Act' and rarely carries out executions. Instead, the state spends ea,h portiun and part,would have been adopted irrespective millions oftaxpaye,du||ars providing lawyers for death row of whether any one or more provisions or parts are found to inmates, only to see the murderers it has sentenced to be invalid or unconstitutional. death by execution die of old age in prison. SEC. IO, Legal Defense. 3, Since 1978, California has spent more than $4 billion The people of the State ofCa|ifomia desire that the Act, if on a death pena|ty tha� has sentenoed nearly one approved by the votes' and therea�ercha!|*ng*d in court. thuu�ondcrimina!atod*a�h byexeoution buthayexeuuted I defended by the State uf Ca|ifum|a� The peop|e of the only l� people, Even thmq�� there are over 7OO inmates State of California, by enacting this Aut, hereby declare now on death row, California has not executed anyone in that the proponent of this Act has u direct and personal almost eleven years. stake in defendinQthiy Act from constitutional urstatutury 4. Violent murderers who are sentenced to serve life in validity.cha!!en8ea to the Aot's validity. In the event the Attorney priaon without the possibility of parole in California are General fails to defend this Act, or the Attorney General neve, *!iQib|e for parole. They spend the rest of their lives fails to/u appeal an adverse judgmentagainst tile in prison and they die in prison. sti- ti |i or statutory permissibility of this Ao ' in- -- � Fewe/than l��ofdeath nxwinmuteswm,kund paythei, whu|eor in part, in any cou� uf law, theAct� pmponent � shall be entitled toassert its direct and personal stake by wages to compensate their victims. Murderers sentenced defending the Aot'sva|idity in any court law and shaU be to life imprisonment without the possibility of parole areem ned by the citizens this Act to act as agent ny�ined to work in prison and use their wages to pay of 'he citizens of -he State of California subject to the restitution to the victimuof their crimes. following conditions: (l) the proponent shall' not be 5. All -convicted murderers sentenced to life imprisonment considered an "at-will" employee-of the-State ofCalifornia, without the pussibi|ityof parole should be |e8a||y required but the Legislature shall have the authority to remove the to work while in prison and pay 50% of their wages to proponentfrum their agency mie by majority vote or each compensate theirv|otims for the damage they caused. house of the Legislature when "good cause" exists to du so' as that term is defined by California case law; (2) the 7� While many think it is cheaper to execute murderers pn�ponen� sha|| take the than to imp e Oa�h ofO�ioe under 3 imprison them for !|fe, in taut it is far more Article XXofthe California Constitution as an employee of expensive. The death penalty yys-em cos-s over $100 the State uf Califon,ia; (3} the t ha|| b b million more pe/ yeu/ to maintain than h h ' ' ' life imprisonment without the possibilityof | its as and (4) the proponent shall be indemnified by the State o� harshest punishment, acco'rding to a study byfornler death to all fiduciary, ethical, and ��a duties prescribed California for only reasonable expenses and other losses pen I alty prosecutor and judge, Arthur Aiarcon, and law incurred by the proponent, as agent, in defending the proTessor Paula Mitchell. By re'placing the death penalty validity of the challenged Act, T he rate of indemnification with !!life imprisonment without the Possibility of parole, shall be no more than the amount it would cost the state Cahiornia taxpayers would save well over $100 million 'o perform -he defense itself. every year. SEC. ll, E�ective Date. O. 'The death penalty is a failed government program that wastes tax -,— dollars and makes fatal mistakes. More Except otherwise providedhee|n, this Act shall becume than 150r innocent people have been sentenced todeath effective the day after its approval by the voters. in this country,- and some innocent people have actually been executed. Wrongful convictions rob innocent people PROPOSITION 62 of decades of their lives, waste tax doUao, and re- This the victims' families, whi!e the real killers Thi� initiative measure is submitted to the peopo in ' accordance with the provisions 8ufAie 1| of freetokiU aQain�| n the California Constitution. g Retroactive application of this act will end a cost1vand This initiative measure amends and repeals h of the ineffective Practice immediately and ensure that California Penal Code; therefore, existing provisions proposed to be never executes un innocent person, de!eted are printed in strikeaut type and new provisions lO, Ca|ifornia'sdeath penalty isan empty pnnniye� Death propoyed to be added are printed in italic tMoe indicote penalty cases drag on for decades, A sentence of life in thattheyare new, priaon without the possibility of parole provides swift and certain justice for Qrievingfomi|ieu. PROPOSED LAW ll. Life in prison wi-hou-the possibility of parole ensures �he Justice That Works Act uf 20l6 that the worst criminals stay in prison forever and saves SECTION l. Title. money. By replacingthe death penalty with life in prison without the possibility of parole, we would save the state This initiative shall be known and may be cited as ''The $I bi|!|on |n five yaa� without releasing a single J �uyticeThat �brksActof2OI6 " �— p,i�one $I billion that could be invested in crime SEC. 2. FindinQsand Declarations. prevention stnate8ieu, services for victims, education. and The paop|e of the State of California do hereby find and keeping our communities and families safe, declare a!!! of the following: SEC. 3. Purpose and Intent. L Violent killers convicted uffirst deQree murder must be The peop|e of the State of California declare their pu,pose separated fmm society and severely punished. and intent in enactinQ the act tu beayfollows: 156 1 Tumofpmpus,uLaw, TEXT DF PROPOSED LAWS PROPOSITION G2CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1 Tbend California's costly and ineffective death penalty (4) The defendant personally used a firearm in the systern d repiaue it with a common sense appmach that commisuiunof the ofenme. in violation ufSection I2022.5. sentenues persons convicted of first degree murder with (d) Every peon i|ty of murder | the second degree circumstances to !life im prison ment without the shall be punished by imprisonment in the state prison for possibility of parole so they are permanent|y separated a term of 2O years to life if the killing was perpetrated by from society and required to pay restitution totheirvictims. means of shooting a firearm from a motor vehicle, 2. To require everyone convicted of first degree murder intentionally at another person outside of the vehicle with and sentenced to !ife imprisonment without the possibility the intent to 'inflict great bodily injury. of parole to work while in prison, and to increase to GO% (e) Article 2.5 (commencing with Section 2930) of the portion of wages they must pay as restitution to their Chapter 7 of Title I of Fart 3 sl�a|| not apply to reduce any victims. minimum term of a sentence imposed pursuant -o this 3. To eliminate the risk of executing an innocent person. section. A person sentenced pursuant to this section shall not be released on parole prior to serving the minimum 4. To end the decades-long app*a!s process in which term of ounhnement prescribed by this section. grieving family members attending multiple hearings are forced to continually reiivethe tnauma of their ioys. 07 found fnnurder and sentenced m' resentenced to a term oflife imprisonment w�ihout the 5. To achieve fairness and uniformity in uanteno|n0, possibility of '�a/n/e muant ' this section shall be through retroactive application of this act to replace therequired~to work within high-security deuth pena|ty with |ife in prison without the poysibi|ity of h fty/thfu//abc /n h ' day his ' parole. orhertennof��o/�onnnentassha// be -prescribed -the SEC. 4. Section I9O of the Penal Code is amended to rules and regulations ofth D �n� t ofCo � d read: nenao///enon, pursuant no Section 2/00. /n any case where the pnisonercwles a restitution fine or restitution lgU. (a) Every person guilty of murder in the first degree order, the Secretary ofthe Depar�nen/ofConecf/onsand shall be punished by death, imp,isonment in the state Rehabilitation --' deduct money �r the d prison for |ife without the possibility of parole, or shall ` �~ �� trust of the imprisonment in -he state prison for a term of 25y*a� tu those funds ' - , California� '��c�n/ Compensation�� ^ and� life. The penalty to be applied shall be determined as Goxenn/nent Claims Board to e rules and provided in Sections 190.1,, 190.2, 190.3, 190.4' andregulations of' the Department ~ Corrections and �90.5. Rehabllitetiun, pursu3nttuSechonu2&O5.Sand27I7.8. Except as Drovided in subdivision (b). (o), or (d)' every SEC. 5. Section 190.1 of the Fena| Code is re penalty.pealed. Person guilty of murder in the second degree shall be Punished by imprisonment in thestute prison foruterm of ^�" ^ " ""� ''' ,,'' ^ ' `''� "�" '' I5 years to life. "= "'=" ''' "=*=a^= (b) Except as provided in subdivision (o), every person guiltyf The murder intheaecondde8n�esha|| bepunishedby `~' ' ^ question ~ the ~^'e''~~''^~ o~^^ ~'~^ be ' ~^^ imprisonment in the state prison for u term of 25 to ~^^~^' ^ ~ ^mHurder, it shall^^^ ^''~' `' '~`^ ^'~~ ^^~ defendant,u~^ the same firme deterrt-,in life if the viotim was a officer, dehned in first degree subdivision (a) of Section 83O�, subdivision (a), (b), or ~~~' of ~^ ~ peeial (c) of Section 830.2. subdivision (a) of Section EBO.`33. or ^' ~~`~~' ^~ � ~^`~p^ '~' ~ ~ Section 830.5, who was kiUed while in the ~'~' pe�ormanueof his or her duties, and the defendant knew' ----- ---- where - - —all-�-- --' -- -----' '-- or neauonab|y yhou|d hove knuwn. that tho �c-im was a --- ----- - -- ---- - 71, tzjipeuce officer engaged in the performance of his o/ her ---- - the first - ---- -`=— duties. (c) Every i|ty uf murder in the yecond deQnae -- -- of -- --- ----eireurnstan--eg - -- ahoU be punished by imphsonmen� in the state i tor - --para~-- — - subdi--'-iaig— — of Seetien--- - -- --' atenm ut hfewithoutthe possibility of parole iftheviotim �� ~� �� ' �� was a peace officer, as defined in subdivision (a) of ' ~ Section 83O,I,subdivision (a), (b), or(u)ofSeo�ionSSO�2' question~ � subdivision (a) ofSeo iun 83O.33. orSeotion 83O.5. whu ' was killed while in the pedormanoeof his or he, duties, and the defendant knew, oreayunab|yshouidhave known, that the victim was a Peace officer en8a8ad in the po�ormanceof hia o, herdutios. and anyofthefo||owin8 Sanity facts has been cha,Qed and found true: ~`^^'~'' 19G.4. if he is found to be saige, there shEill thereupan (I) Thedefendantypeoifi�a||yintendedto �i|| the peaoe officer. (2) The defendant apeoifioaUy intended to 'inflict great bodi|yinjury, as defined in Section 12022.7, on a peace 90.4, officer, SEC. 6. Section I90,2 of the Penal Code |a amended to 3) d m read: n p Q y weapon in the commission of the offense-, in vio!ation of 190.2. (a) The penalty for a defendant who is found subdivision (b) of Section 1,2022. 8ui|tyof murder in the first degree iy imprisonment Text ofp,uposox Laws 1 157 TEXT DF PROPOSED LAWS PROPOSITION G2CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |n the- state prison for life without the possibility of pam!e paragraph, "juvenile proceeding" means a proceeding if one o/ more of the following special circumstances has bmught pursuant to Section 5D2or7O7of-he Welfare and been found under Section I90.4to betme: |nstitutiunsCode. (I) Thomurderwouintentiona| ondco,riedoutforfinancia! (II) The victim �as a pn�ecutor or aoyi�ant prosecutor Qain. oraformer prosecutor o, auuiutan� pmuocu�orofany local (2) The defendant was convicted previously of murder in or state prosecutor's o�ice in thiy or any utherstate, or of thefirstorseoond degree. Fo,thepur' fthi pa�8raph, a federal prosecutor's office, and the murder was in intentiona||ycorried out in retal.ation for, or to prevent the offense committed anoer ]ursoon, which committed in California would be punishable as first or performance of, the victim'sofficial duties. second degree murdar, shall be deemed murder in the first (I2) The victim was a judQe or former judge of any court, or degree. or record in the !oca|' state' or federal system |n this orany (3) he defendant, in this proceeding, has been convicted other state, and the murder was intentionally carried out in of more than one offense of murder in the first o, second reta|iatiunfor, urto prevent the performance of, the viot|m's degree. o�ioia! dutios. (4) The murder was committed by meanaofa destructive The victim was an elected or appointed o�iciu| o, device, bomb, o/ explosive planted, hidden, o, concealed former official of the federal government, or of any |uoa| or in any place, area, dwelling, building, urstructure, and the state government ofthis or anyotherstate� and tha kiUin8 dofendan- knew\ o,reasonably should haveknmwn. that his was intentionally carried out in retaliation for, or to prevent or her act or acts would create great. risk of death to one the performance of, the victim'soffida| duties. or- human beings. (I4) The muvder was especially heinous, atrocious, or (5} The murder was committed for the purpose of avoiding om*!, manifesting exceptional dopraxity. As used in this or pneventinga |awfu| arrest, or peri euti rig ora�temptin0to section, the phrase "especially heinous, atrocious, or perfect, un escape from lawful custody. urue|, manifeytinQ exceptional depravity" means a conscienceless or pitiless crime that is unnecessarily (6) The murdervvas oummitted by mean dtm sofa �yotive torturous to the viot|m� device, bomb, or- explosive that the dofendant mailed or delivered, attempted to mai| or deliver, or caused to be (I5) The defendant intentiona||y hi||ad the victim by mailed or delivered, and the defendant knew, or reasonably means of lying in wait. should have known, that his her or create (I6) The victim was intentionally killed because of his o/ agreat risk ofdeath to one o, more human beings. her race, color, e||g|on' nationa|itX or country oforigin. (7) The victim was a peace officer, as defined in (17) The murder was committed while- the defendant was Seution83OI 83D2 8SO � 83O3l SSO32 830,335�-: � ' � ' --' � ' ' nga'Q�ed� in, or was an accomplice in, the commission of.83O,34' 83035, 830.35' 83O.37' 83O.4' 83O.5' 830,6 e d oommissiun of, or the immediate flight after t ' a�emt 830,I0, 830,I1, or 830.I2' who, whi|e engaged in heoumin8. or attempting to commit' the following course of the performance of his or her duties, was |feor —|ntentiona||ykiUed, andthedefendantknew, ureasonab|y should have known, that the victim was a peace officer (A) Robbery in viuiation of Section 2I1 or 2l2.5. engaged 'in the performance of his or her duties; or the (B) KidnappinQ in violation of Section 207, 209' or victim was a peace officer, as defined in the above 209.5. enumerated sections, oraformer Peace officer under any of those sections, and was intenhonaUykiU retaliation in Rape in violation of Section 26l� for the performance of his or her official duties. (D) Sodomy in violation ufSeutiun 286. (8) The victim was a federal |ew enforcement officer or (E) The perfurmanueufa lewd or lascivious act upunthe agent who, while engaged in the course of the performance person ufa child under �heaQeofl4 years in violation of of his or her duties, was intentionally ki|!ed, and the Section 288. defendant knew, or reasonably should have known, that (F) Oral copulation in violation or Section 288a the victim was a federal law enforcement officer or agent � engaged in the performance of his or her duties/ or the (G) Burglary |n the first or second degree in violation of victim was afederal iawenforcement officer or agent, and Section 460. � ctonwas intentionallym b 451, of his or her official duties. U> Train wrecking in woiation ufSection 219. (y) The victim was afiufiQhte:audellnad |nSection245.l' who, while engaged in the cou�eof the peMbrmanceofhis U) K�ayhem |n violation of Section 2O3. or her dutiaa, was intentionally killed, and the defendant (K) Rape by instrument in v|o|etion of Section 289. knew, o, reasonably should have known, that the victim (L) Carjackin8 as in Section 2l� was afi�fighterengaged in the pe�ormanoe of his or her ' � duties. (K8) To prove the special circumstances of kidnapping in subparagraph (B) or arson in subparagraph (H) if there is (lU} The v|otim was a witness tu a crime whu way / ' intentionally killed for the purpose of preventing his or- her specific intent xiU' it iaon|y required that thene be proof of the elements of those felonies. If so established, thosetestimon; in any criminal or juvenile proceeding, and the two special circumstances are proven even ifthefe|onyuf ki!|in8 was not committed during the commiasion or n attempted commission of the crime to which he o, she kid»aPPi»8orarson IS committed p,ima,i|yorso|e|yforthe was a witnaaa�. orthev�otim waa a wi�nesuto a urime and pu,Pose offaci|itatinQthe murder. was intentionally killed inretu|iatiunfor his orhe,tes imony (I8) The murderwayintentiona| and involved the infliction in any criminal or juvenile proceeding, As used in this or torture. TEXT DF PROPOSED LAWS PROPOSITION G2CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (19) he defendant intentionally killed the victim by the administration of poison. (20} heviotim was juror in any court of record in the |oca|, 'state, or federa| yysteyn in this or any other state, the express or implied threat to tise foree or Violenee, and and the murder was intentiona|!yuarried out in ne�|iation for, or to pnevent the performance or, the viotim's offioia| duties. (2l) The munder was intentiona| and perpetrated by means of discha,gin� a firearm from a mo±or vehic|e. intentionally at another person or persons outside the vehicle with the intent to inf!iotdeath. For purposas of this paragraph, "motor vehicle" means any vehicle as defined in Section 415 of the Vehicle Code. (22) he defendant |ntentiona||; killed the victim while the defendant was un active pa., icipantina criminal streetHOR on the 1 gang, aadefinad in subdivision (f) of Section 186.22, and the murder was carried out to furthe, the activities of the Pdrsdant to this section and is net intended to aff criminal street gang. (b) Unless an intent to kill is specifically required under ~~`~ in any other p'~^`^~''»~t subdivision (a) for a special circumstance enumerated Exeept for evidenee in proof of -the offense or s5p",i i4 therein, an actual kiUe� as to whom the speciai circumstance has beon found to be true under Section I90A need not hava had any intent tokill atthe time or 'the commission of the offense which is the basis of the special circumstance in order to suffer death or reasonable period of tinge as deterrnined by the eatirt, prior confinement |n the state prison for life vvithuut the Possibility of Parole. rebuttal to evidene� by the diefendant in (c) Eve� person, notthe actual killer, who, with the intent nrnirm�n� to kill, oida. abeta, counye!s, commands, induuas, uo!ioita, requests, or assists any actor in the commission of murder in the first degree shall be punished by fie*�i----of imprisonment in the state Prison for life without the possibility of parole if one or more of the special ineludes t1he possibility of parole by the Governor o circumstances enumerated in subdivision (a) has been found to be true under Section 190A. !n deterrnining the Penalty, the trier 01: faet sihiall take into (d) Notwithstanding subdivision (c)' every Person, notthe aeeaunt actual killer, who, with reckless indifference to human life ' — and as a major partioipant, aidu, abetu, counsels, commando, induces, solicits, requeyty, or assists |n the Ws eonvieted' in the present proeeeding and the existen commission of a felony enumerated in paragraph (17) of subdivision (a) which results in the death of some person or persons, and who is found guilty of murder in the first degree therefor,shall be punished b eleathrm^imprisonment defenelant whieh involved the use of atternpted use of in the state prison for |ifewithuutthe posyibi|ityuf paro|eforee of violenee or the express or irnplied threat to i if a special circumstance enumerated in paragraph (I7) of subdivision (a) has been found to be true under Section I90A. `"' ` ' °"= "' not the ~'°'t° ,°t ^~'"'""," while" "'^The n p and Sections l9O.4rand 190.5. "=="=` """ """= `"= '"�"^� "' "^"�"=' "="= "' am- SEC. 7. Section 1903 of the Penal Code is repealed. (e) Whether or fie-, the vietirn was a partieipant in TEXT DF PROPOSED LAWS PROPOSITION G2CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- efferise was relatively rigiriF sPeeial it is trying are trtie, the eetirt shall of the erime even though i.t is not a legal exetjse for order a rie- J-Y qarieleel Ita try the isques the pre�il after having heard arld earisidered the argurnents a juiry the trier Of faet at the penalty hearing shall be a lury referred to in this s"Aifin, and shall ifflp uriiess a ju y is waived by t�e deferi�aiqt aigel the people a senteriee f death if flhe trier of faet eameltides that whieh ease the trier of faelt sl=iall be the eotirlt.I if the -algel the People. eireurigstarlees the trier of faet shall ingpese a seriterie if t�e trier of taet is a jLiry arld has been unahle te reeeh-a ean inernent in stalte prisan for a term of life wilthoult tinafflifflodt Verdiet at to what the penaltv shall be., t�&, passibility of parele. eauft shall dis,99iss the jury arial shall -li-il— ftffy SEC, O. Section l9OAof the Penal Code is amended to read: ' Stiehl-- new Jury - ---- - r--— - ------ '---lt -- t �gO�4� (o) Whenever special circumstances o� � ��z � t�� 'e a' S�� ' �� s j s t �� rf hall enun-iera�d | Section1902 U -- eitherorder - —' '- fact "'nds the defendant guilty ol first degree l-nurder. the Possibility Of Pareie. trler of fact shall also make a special finding o� the truth of each alleged special circumstance. The determination �� (b) !f the trier cf fact which convicted the defendant of ofthetruth! or amvorall of the special circumstances shall a crime for which h be subject be made by the frier of fact on the evidence presented at state the trial ar at -the Heating held purstlaiq.t t& Subdivision (b) death. perialt was a jury, the sarne jury shall consider any 4-,S�44ert--1-94-4% plea of not guilty by reason of insanity pursuant to In case of a reasonable doubt as to whether � Section--- ----` -- -- ---h of any circu---- '--'—�----- ' circumstance ia true, the defendant isenit|edtoa -hndin8 which --` be alleged, - the -` un!euafor good cause shown the cou� diyoha�es h that is not true. The trier uf fact yha|| make a yPeu|a| in which case a new jury shall be drawn. The co' -`-' findinQ that each special circumstance charged is either state facts insuppo� ofthef|ndin�of-'' cause -�' shall' true or riot true. VVheneveraspecia| u|ncumstanoe requires record and cause them to be entered =--- he--� -' -�n the Proof of the commission or attempted commiysion of a i��'- ' ��i��----. crime, such crime shall be charged and proved pursuant to Li general !aw applying to the trial and conviction of the the death perlalty, eviderlee presenited at any prior phase tA crime. |f the defendant was convicted by the court sitting without ajurK the trier of fact shall bea jury unless a jury iywaived by�hedefendant and by the People, in which cayethotrier trier ~' 'e~^ of the r'~' r'a~~ is ~'` ~~''' ~' '~~` ^''`' ^ ~` of -fact shall be the court. If the defendant was convicted by a Plea of guilty! -he trier of fact shall be a jury unless a (e) In every east, in wh.ieh the trier of faet has rettii-neda jury is waived by the d**endant and by the people, |fthetrierc�fautfindathatanyoneormoreofthespeoia| ~^~^ be ~``^'`~ ^~ ^~`^ ^'~~` ~Fit^ a~'^~~^'~^ '~ circumstances enumerated in SectionIgO2 h i ^'~~^'~~ '~' of ~~ ^ `~'~'`^ ar finding the jtjdgp- shall review the evide-nee, eonsider, take into defenalant shall be ptirrished by impriso.nmerrt in state pr,isor7 for life withoLit the possib17ity of parole, arld neither eharged is rlat true, rlar if Nine trier of faet is a jury, t— rigake a deterfflination as te whether the Itiry's firld.irigs arld that the aggravalting otjtweigh the, the reasons far his firl-dings. elgarged are riat trLie, the eaLirt shall dismiss the jury and e granting of the applieation shall be reviewed on the SEC. g. Section 2085.5 of the Penal Code is amended to read: TEXT DF PROPOSED LAWS PROPOSITION G2CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 2085.5. (a) (I) In an i which prisoner owes a 'California Viotim Cumpenyation Buard fur d|ect p t restitution fine imposed pursuant to subdivision (a) of to the victim, or puymentsha|| be made tothe Restitution Section 13967 uf the Government Code' as operative prior Fund to the extent that the victim has received assistance ho September 2g, 1994, subdivision (b) of Section 730,6 pursuant to that program. The sentencing court shall be of the Welfare and Institutions Code, or subdivision (b) of provided a record of file payments made tovictims and of Section 1202.4. the Secretary of the Department of the pa yments deposited to the Restitution Fund pursuant Comact|onsand Rehabilitation shall deduct minimum of to this Subdivision. 20 percent or the balance owing on the fine amount, 0 /n any case /n Ich a Prisoner sentenced or whichever is less, uptua maximum of5U percent from the resentenced on or after t �he effective dabe of this act to a wages and trust account deposits of a prisoner' unless term, of life imprisonment without the possibility of'parole prohibited byfede/a| |aw, and shall transfer that amount to owes a rayt/�ubnn order ' pursuant to subdivision � the California Victim Compensation Board for deposit in )ofSection 23967ofthe GovernmentCode as operative 1he Restitution Fund in the State Treasury. The amount prior � b/ 3 be b ��2�� J�� subdivision (h) ufSection deducted shall be credited against the amount owing or. 730,6of e ��/taopa d/ � ho Code, or subdivision the fine. The sentencing court shall be provided a record of J5 of Section 2202.4, the Secretary ufthe Department of the payments. Corrections and Rehabilitation shall deduct /n/ninunn of L2/ /n any case /n which a prisoner sentenced or 20 percentor the be/ance owing on the order amount, resentenced onor after the effeotive date of this act boa whichever/s/ess tip hoa maximum of6O Percent from the /enn � nn of//fe �n �nen� midjnut �hepossib�dyn/panole wages and upboanneximun/ of5G percent from thetrust owes a restitution fine imposed pu/suentbo subdivision (a) account deposits ofa Prisoner, unless Drohibitedbyfederal of Section I3967ofthe Government Code, as oDerative law The secretary shall transfer that amount to the prior to SeDtember 29, 1994, subdivision �bV cfSectiun California v/cu/n Compensation uoenu for direct payment 730.6of �e [Ale/tare and Institutions Code, ursubdivision bo the victim, crpayment h //be/na6ebotheReytib/bon F�ndbofheex�en�th��ihev/c�n, hasrece/vedass/stance �VufSeobon22D2.4 theSecreta fth Department of Corrections and Rehabilitation shall deduct a /n/ninuno of pursuant to that program. The sentencing court shall be 20 owing o/ the balance o� � on the fine amount,aounamount, provided a record of the oayn7en/s made bov/cti ns and of' wh/ heverix less, LID toa maximum of6Opercent from the the pajyrnents depositedbo the Rextibytion Fund pursuant wages and up to a maximum of�O percent from the fn/s� to this subdivision. account deposits ofa prisoner, Unless prohibited by federal (d) When a prisonar is punished by imprisonment in a /avK and oha0 �ons�rthat annountbo the Ca//fon�/aWc�nr countyjai| Pursuant to subdivision (h) ufSection Il7O, in Con,pensation Board for depoy/t/n the Restitution Fund/n any case in which a prisoner owes a restitution order the State Treauu(K The 3/nount deducted shall becredited imposed pursuant tosubdivision (c) of Section 1.3967 of z.gTa/nst the amount owing on the fine. The sentencing the Government Code, as operative prior to Sep�an ber2Q, court yha//be provided record of the paynnents. l9g4. subdivision (h) of Section 730.6 of the We|fare and (b) (I) When a prisoner iupunished byim prison m Institutions Code-,in a ' or subdivision (b) of Section 1202 4� ' t uountyjai| pusuanttusubdivision (h) of Section lI7U, in the age ncy designated by the board ufsupervisors in the any case in which aprisonerovvesa restitution fineimposer �ountywherethe prisoner |uinuar�erated ivau�horizedto pucsuant to subdivision (a) of �eotion I3957 of the deduct a minimum uf 2O peroent o,the ba|anoe owing on Government Code, as operative prior to September 29, the order amount' whichever is !eua' up to a maximum of 1-994. subdivision (b) of Soo-ion 730.6 of the Welfare and 50 percent from the county jail equivalent of wa8es and Institutions Code, or subdivision (b) of Section I202.4, trust account deposits of a prisoner, unless prohibited by federal |aw. The a shall transfer that amount to the g designated the aency by board ofuupe�viuors in the � Californiacounty where the prisoner is incarcerated is autho,izCalifo Victim Compensa�ion Board for direct payment deduct minimum of 2O peroentorthe balance ovvin8on tothevictim, o, paymentsha|| be made tothe Restitution Fund totheedenttha� thevi�t|m has received ausiutanoe thefine amuunt whichever is less, tip maximum of' ' pursuant to that pro8,am o, may pay the victim direot|y. percent from the countyjailequivalent of trust ' � The sentenoinQ court shall be provided a record of the acuouni deposits ofaphsoner un!esu prohibited byfederal |aw, and shall transfer a`ount to Ca|iforniaV|otim payments made to the victims und of the payments ' ''' deposited to the Restitution Fund pursuant to this Compensation Board for deposit in the Restitution Fund in subdivision the State Treusury 'he amount deducted shall be credited � against the amount owing on the fine. Tile sentencing (e) The secretary shall deduct and retain from the wages court shall be provided a record of the payments. and trust account de posits ofa prisoner, unless prohibited byfedera| |aw, an adminiytrativefeethat totals 10 percent (2) If the board of supervisors designates the oounty of any amo'~nt transferred to the California Victim sheriff astile collecting agency, the board of supervisors �ompenuatio ' Board pursuant to subdivision. (a) or (c) shall first obtain theconcurrenoeofthe county sheriff, The secretary shall deduct and retain from any prisoner (c) (J) in any case in which a prisoner owes a restitut|un settlement or trial, award' an adm|niatrative fee that totals order imposed purauanttoaubdiv|aion (u)ofSection 13967 5 percent of any amount paid from the settlement o,award of the Government Code, as operative prior to September to satisfy an outstanding restitution order orfine- pursuant 29\ 1994, subdivision (h) of Section 730.6 of the Welfare to subdivision (n)' unless prohibited by federal law. The and Institutions Code, or subdivision (f)ofSection l2O2�4, secretaryshall depoa|t the administrative fee moneys in a the Secretary of the Department of Corrections and special deposit account for reimbursing administrative and Rehabilitation shall deduct a minimum of 20 percent or support costs ufthe restitution program of Department the balance owing on the order amount, whichever is less, of Corrections and Rehabilitation. The secretary, at his or up to a maximum of 50 percent from the wages and trust her diuure-ion, may retain any oxoeuy funds in the special account deposits of a prisoner, un|essp,uhibited by federal deposit account for future reimbursement of the !avv� �he secretary shall transfer that amount to the department's administrative and support costs for the Text ofp,uposox Laws 1 161 TEXT DF PROPOSED LAWS PROPOSITION G2CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- nes itution program o, may transfer ail or part of the excess (i) he secretary ur, when a prisoner is i hed by fundsfurdepoy|t in the Restitution !Fund. imphaonment in a county ]ail t tosubdivision (h) oa prisonar is puniand by Imprisonment in a aecux 11/0' the agency u�s.e.ateu by the uuu/u .(f) When suPemiso�in the countywheethe prisoner/uinuavueeted.county jail pursuant ubdivisiun (h) of Section ll7O, the agency designated by the board of supervisors in the may ! deduct and retain from muneyy collected from oou ` ' re the prisoner is incarcerated is authorized to pomeeu or persons previously imprisoned in county jail an administrative fee that totals lG percent of any amount deduct and �tainf thejail equivalent - wages- transferred to -the California Victim Compensation Board and tmytaccount deposits ofap,isone� un|essprohibited by federal !a*\ an administrative-fee that totals lO percent pursuant to subdivision ) or (h), unless prohibited by of any amount transferred to the Ca|ifornia Victim federal |avx —lie secretary ha|! deduct and retainfmm any Compensation Board pursuant to subdivision (b) or (d)� settiement or trial award of parolee an administrative lee The agency is authorized to deduct and retain from a that totals 5 percent ofon amount paid from the sett ement prisoner settlement or tria| award an administrative fee or award to satisfy an uutstandinQ restitution order or fine totals 5 percent uf any amuunt paid from the pursuant to �ubdivi�ion (n). un!eas p,uhibited by federal settlement or award to satisfy an oututanding »estitution |av« The agency is authorized to deduct arid retain from order or fine pursuant tosubd|visiun (n}, un|ess prohibited any sett|ament or trial award of a previously by fede,a! |avx Upon release from oustody pursuant to imprisoned in county jail an administrative fee that totu|s subdivision (h) of Section I170, the agency is authorized 5 percent of any amount paid from the setdementoraward to charge a foe -o cover -he actual administrative co�� of tusati�yan outstanding restitution order urfine pursuant uo||ectiun, not to exceed IO percent of the total amount tosubdivisio» (n). Theseore�a �hea8enoysha|| dapoa|t collected. The agoncyuha|! deposit the administrative fee the administrative fee moneys in aypeoia| deposit account. moneyy in a special deposit account for reimbursing for reimbursinQ administrative and support costs of the administrative and support costs ofthe restitution program restitution program of the Department of Corrections and uf the agency. he agency iy authorized to retain any excess Rehabilitation or the agency, ayapp|icab|e. The seuretarK funds in the a i | deposit nt for future at his ur her discretion, o,the aQencymay retain anyexcess ' ' funds in the speuial deposit acoount for future reimbursement of the agency's administrativeandyuppu� costsfor-he restitution program o, may transfer all or part reimbursement of the department's or agency's uf the excess funds for deposit |n the Restitution Fund. administrative and Support costs furtherestitution program or may transfer all or part of the excess funds for deposit (g) In any case in which a parolee owes a restitution fin* in the Restitution Fund. imposed pursuant tosubdivision (a) of Section 13,967 of the Government Code, as operative prior toSeptember 2g, (j) When a prisoner has both a restitution fine and a I994, subdivision (b) of Section 730.6 of the VVe|fare and restitution order from the sentencin8 court, the Department Institutions Code' or subdivision (b) of Section I202.4. of 'orreotions and Rehabilitation shall uo|!ect the the secretary, or, when a prisoner is punished by restitution order first pursuant tusubdivision (c), imprisonment in a uountyjai| pursuantt bdi i i (h) (k) When a prisoner is punished by imprisonment in a of Section 11/0, the agency designated by the board of county jai! pursuant -o subdivision (h) of Section I170 aupemiyuruin the county where the prisoner iuinoanconated. and that prisoner hasboth arest|tut ion fineandarestitution may col|ect-from theparuieeur, pusuanttuSection2O85�6' ond*rf,um �heuentencingcou�. ifthea designated from a person previously imprisoned in county ]oi| any bythebuardofyupen/iyursintheuoun/yw eretheprisuner moneys owing on the restitution fine amount, un|esy iu incarcerated collects-he fineand ordo� the agency shall prohibited by federal law. The secretary or the agency shall collect the restitut|on order first pursuant to subdivision transfer that amount to the California V|otim Compensation (d). Board for depuait in the Restitution Fund in the State Treasury. �he amount deducted shall be credited against (O When a parolee has both a restitution fineTreasury. and a �heamount owing unthe fine Thesent*noingcou� uha|! reuh�utionorderfromtheuanteno|n0oou�, the �apa�men� � ofConeotionsand Rehabilitation, o� when the prisoner is I provided a re�urd of the paym�nts ' � puniahed by imprisonment in a county ja|l pursuant to (h) In any case in which a parolee owes a direct order of subdivision (h) ofSection Il7O, the agency designated by restitution, imposed pursuant to subdivision («) of the board ofsupemisoru in the uountywh ere the prisoner Section I3967 of the Government Code, as operative prior is incarcerated, may collect the restitution order fiet, to September 29, 1894, subd|visiun (h) of Section 730.6 pursuant to subdivision (h). of the Welfare and |ns�itutions Code or paragraph (3) of subdivision (a) of Section I2O2 4 the secretary, or, when (m) If an inmate is housed at an institution -hat requires � ' �� ' food to be purchased from the institution canteen for a prisoner is punished by imprisonment in a county jail unsupervised ovemiQht viuits, and if the money for -he pursuant tosubdivision (h) of Section ` h �—� ' pu�haseuf this food |s received from funds other than the designated by the board ufaupemiauruin -he county where the priouneris incarcerated or a local collection program, inmate'uwa�es'-hat mon h || b"="=' tf rom restitution may co||ectfmm the pam!oeo� puruuantto Section 2U85.6' deduotony. This exemption shall apply to the actual jail amount spenton food for the visit upoamaxiumoffi�yfrom a person previously � p« y! y e i moneysi�� un!esu prohibited ~� federal The dollars ($5O) for visity that inc|ud the inmate and one visitor, seventy dollars ($70) for visits that include the secretary orthe aQenoyyha|| transfer that amount tothe California Victim Compensation Board for direct payment inmate and two or three visitors, and eiQhty du||ars ($80) for visits inu!udethe inmate our moreviyitora to the viotim, or payment shall be made tothe Restitution � Fund to 'lie extent that thevictim has reoeived assistunoe (n) Compensatory punitive dama8ey awarded by�,ia| or Pursuant to that program, or the agency maypaytheviotim settiement to any inmate, parolee, person placed un directly. The sentencing Court shall be provided a record of postro!oaye community supervision pursuant to the payments made by the offender pursuant to this Section345I, or defendant on mandatory supemision subdivision. imposed pursuant tosubparagraph (B) ufparagraph (5) of 162 1 Text of pmpus,u Law, TEXT DF PROPOSED LAWS PROPOSITION G2CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- subdivision (h) of Section I170, in connection with advi| shall automatically be converted to imprisonment in the action broughtstate, ate or local jail, state prison for life without the poaa|bi|ityof pam|e under urconediona| tacUdyorany official ura8ent thereof, sha|i the terms and conditions of this act. The State ofCalifornia be paid directly, after payment of reasonable a�orn � aha|| not carry out any execution following the eff�tive fees and litigation costs approved by the court, to satisfy date of this act. any outstanding restitution orders or restitution fines (o} Following the effective date of this act, the Supreme against that Thebalance of the award shall be Cou� moy Transfer all death -|tyappea|u and habeas forwarded to the payee a erfu|| payment of ail outstanding petit|ons pending beforethe --p—meCou�toanydiytriot restitution orders and restitution fines, subiect to hof e Courl of Appeal or superior court, in the Supremeoubdivioiuny (e) and (i>� The Depa�ment of Curreuiuny C and Rehabi|ita-ion shall make all reasonable e�o�ta toou 's discretion. notify the victims of the crime for which that person was SEC� l�� Effective Date� convicted concerning the pending payment of any This act shall become effective on the day following the compensatory or Punitive damages. For any prisoner election at which it was approved, pursuanttosubdivision punished by irinpriaonmant in a county jail pursuant to (u) of3ection IOofA�ic|e || uftheCa|ifomiaCunstitution. subdivision (h) of Section Il7O the agency isuuthu/ized to make all reasonable efforts t` notify the v|otima of the -SEC, 12. 8everabii|ty. crime for which that person was convicted concerning the The provisionsofthis act are severable. If any proviyion of Pending payment of any compensatory or punitive this act o, its application is held invalid, ino|udinQ but not damagea. limited to Section IC/ that invalidity shall not affect other (o) (l) Amounts transferred o the CaliforniaVictim provisions o, app|icatmns that can be given effect without the invalid provision or application. Com tion Board for payment of direct orders' of restitution shall be paid to 'the victim within 60 days from the date the restitution revenues are received by the PROPOSITION 63 California Victim Compensation Board. If the restitution his initiative measure is Submitted to the people in payment to a victim is less than twentyfive dollars ($25)' acoordancewith the pruvisiunsofSection 8ofA�io|e 11 of then paymen- need not be forwarded to tha- victim until the California Conutitution� the pa;ment reaches twenty-five dui|ary ($25) or when the victim requests payment of the lesser amount. This initiative measure amends, repeals, arid adds sections to the Penal Code/ therefova, existing i i proposed (2) |favictim cannot be located, the restitution revenues to be deleted are printed in and new received by the California Vict|m Compensation Board on provisions proposed to be added—are printed--'-- ` '-i � italic behalf of the victim sha|| be held in trust in the Restitution — to indicatethattheyare new. Fund until the end of the state fiscal year subsequent to the sta-e fiscal yoar in which the funds were deposited or until the bmethat the victim has provided current address PROPOSED LAW information, whioheve, occurs sooner. Amounts remaining The Safety |urAli Act of 2016 in trust at the end of the specified period of time shall SECTION l� Title.eve� tuthe Restitution Fund. This measure sha|| be known and may be cited as ^The (3} (A) A victim fai|inQto provide a current address within Safety for All; Act of 20I6." the period of time specified in paragraph (2) may provide documentation to the Department of Corrections and SEC. 2. Findings and Declarations. Rehabi|itatiun, which sha|| verify that mon were The people of the State uf California find and declare� co|!ectod on behalf of the victim. Upon receipt of that l� Gun vio!enoe destroys |ivey' fami|ieu and communities. vened information from the Department of Corrections and Rehabilitation, the California Victim. Compensation Com ' California |ost 38,576 individuals to F,om 2OO2 to 2OI3 Board shall transmit the /estitu 8 Lill violence. That |umorathan tiun revenues U.S. soldiers killed in combat du seven omesthenumberc� � rinQthe wars in |,a and � A in accordance with the provisions of subdivision (u) or (h) �f8han|atan combined. Over this same period, 2.258 (8) Avictim failing to provide a current address within the children were killed by �unshot injuries in California. The period of time specified in paragraph (2) may providesame number of children murdered in the Sandy Hook documentation to the agency designated by the board of e|ementa,y ychoo| massacre are hi||ed by gunfire in this supervisors /n the county U the prisoner punished by state every3y days. imprisonment in a county ;ail pursuant tosubdivision (h) 2 |n 2Ol3 8unu were used to kill 2yOO Californians, of Section ll7O is incarcerated, which i � ' ' ' '''^? verify ~'~^ including 2�l children and te�ny That year, at ieast moneyswere oo!|euted on behalf of the v/ct|m. Upon 5— ~O3� others were hoypita!ized o, reated in emeqgenoy receipt of that verified information from the agency, the '~ums for non-fatal gunshot wounds, including I'275 California Victim Compensation Board shall tranamit the ohi|dren andteens restitution revenues to -he victim in accordance with the � provisions of subdivision (d) or (h). 1 Guns are common| used by criminals. According tothe �a|ifomia Department ment of Justice, in 2014 there were SEC. IO� Retroactive Application of Act. I,159 firearm murders in Ca| om �� 13.546 armed (a) In order to best achieve the Purpose of this act as robberies involving a firearm. and I5.80'. aggravated stated in -Section 3 and to achieve fairness, equality, and assaults invo|vingafirea/m. uniformity in yentencin8, this act shallbe applied 4 This traQio violence imposes skanifivant economic retroactively. burdens on our yociety. Researchers conservatively (b) |n any case where adefendantorinmate was sentenced estimate that gun violence costs the economy at ieast to death Prior to the effective date of this act, the sentence $229 billion every year, or more than $700 per American Text ofp,uposox Laws 1 163 TEXT DF PROPOSED LAWS PROPOSITION G3CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- In 20I3a|one, California gun deaths and injuries ammunition magazines, but does nut prohibit the Qenera| i $82 million in medical costs and $4.24 billion in public fnon possessinQ them. We ahou|d close that i�tpmductiv|t� loophole. No one except trained !m* enforcement should 5� Ca|ifomia can do better. Reayonab|e' oommon-senye beab|etopuaseystheuedan�erousammuniTionmagazines. gun |aws reduce gun deaths and iniuhes keep guns away 13. Although the State of California conducts background from criminals and fight i||aQa! gun trafficking. Although checks on gun buyers who live in California, we have torely Californiahas led the nation ;in Qun safety |awm' those laws on other states and the FB| -o oonduc- background checks still have !oo ho|esthat |eavecommunitieuth�oughoutth* on 8un buyers who live e|sewhere. We shou|d make state vu|nerab|e to gun violence and mass shootings. We backQnxund checks outside ofCalifornia more effective by can close those loopholes whi!* still' aafegua»ding the consistently requiring the state to report who is prohibited ab|I ityof |aw+abiding, responsible Californians tu own guns from poysessinQhrearmytu the 'federal background check for uo!f-defenae hunting recreation.. ayaem. 6, We know background checks work. Fedena| background l4 The th�� of a i i d potentially violent checks havea|�ady prevented more than 2.4 million gun | yya h ' ~ ~ serious � crma should darifythat such crimes can be oha�ad sales to convicted criminu|sand other Nega purchaser's crime. ^~ ^ ' as felonies, and prevent ~^~p!^ who are convicted of such In 2012 alone, background checks blocked crimes possessing l92 O43 sa|es of fieo/ms to i||e8a| punchasers inc|udinQ . 82'000 attempted purchases by fe|ons. That means SEC. 3. Purpose and Intent. background checks stopped roughly 225 felons from �he peope of State of California declare their purpose buying firearms every day. Ye California law only requires and in�e-t in enacting .The Safety for A|| Act of 2Dl6" bauk8mund oh�oksfor peop|evvho pu�hasehrearmy not '' ' (the "Act") to boasfoUowu� for people who purchase ammunition. We should close � that l. To implement reasonable and common-sense reforms 7� Right now, anyvio|antfe|on or dangerously mentally ill nation make California's gun |owe the toughes in -he person can walk into a spu�inQgoods�o/e or gun shop in nation while still!' safeguarding the Second Amendment California and buy ammunition, no questions asked. That rights ofall law-abiding, esponsib|eCa|ifomiany. should change. We should require background checks for 2, To keep guns and ammunition out of the hands of ammunition sales iust like gun sales, and stop both from convicted felons, the danc7erOLISly mentally ill, and other getting into the hands uf dangerous individua|s. persons who are prohibited 'by|awfmm possess ingfirearms 8. Under current law, stores that sell ammunition are not and ammun|tion. required to report to law enforcement when ammunition is 3, Tuensu»a that thuyewhubuyammunitiun ill California— lost or stolen. Stomsyhou|d have to report lost or stolen just||kethosewhobuyfirearmu-----are subject tobackground ammunition within 48 hours of discovering that it is checks. misuin8 so |aw enfoocement can work �o prevent that ammunition fmm being illegally trafficked into the handy 4. To require all stores that se|l ammunition to report any of dangerous individuals. lost or stolen ammunition within 48 hours of discovering Q. Californians today are not required to report that it is missinQ|usL or . otu|en guns to law enforcement, This makes it difficult for 5. To ensure that California shares crucial information law enforcement to investigate crimes committed with with federal law enforcement by consistently requiring the stolen guns, break up gun trafficking rings, and return state to report individuals who are pmhibited by law fmm guns tutheir lawful owners. We should require gun owners possessing firea,ms to the federal background check to report their |ust or stolen guns to iawenfooemenL system. lO Under current law, people who commit felonies and 6, To require the reporting of |ost or stolen firearms to law other serious crimes are prohibited from possessing enforcement. rearms. Ye' exi��in8 law provides no clear process for 7 To better enforce the laws that require peup|e to those people to rei|nqu|sh their guns when theybecome � prohibited at the time of conviction. As a result, 20I4. rei|nqu|ohtheirf|rearmsunoethey are convicted ofacrime that makesthem ine|iQib|eto poys�yshrearmy the Department of justioe identified more than I7,OOU � People who possess more than 34.000 guns i!!oga|k( 8. To make it illegal in California to possess the kinds of ino|udinQ more than I,400 assault weapons. We need to m|iitary-style ammunition magazines that enable mays close this dan8emus loophole by not only requiring killings like those at Sandy Hook Bementary School; a prohibited people to turn in their guns, but also ensuring moviethaaterinAurora, Colorado/ Co|umbineHi8h School; that 'it happens. and an office building at lUl California Street in San II. Military-style large-capacityammunit|un magazines— F,anoisuo. California. some capable of holding more than lOO roundy of g' To prevent people who one convicted of the theft ofo ammunitiun--siQnificandy increase a Shooter's ability to firearm from posseuuing finearms. and to e�eo�uato -he kill o !ot of people in a short amount of time. That is why intent of Proposition 47 that the'theft ofafirearm is felony these large capacity ammunition magazines are oommun grand theft , d| of the value of the firearm, in in many of Ameriva's mos- horrific mass shootings, !Francisco from ` �- -- ' the killings at IUI California Street in �a ranui000 in Code with'-'' Sections 254GO and I192.7 of the P-na| 1993 to Columbine High School in l9Qgtothe m � ausau,e at Sandy Hook Elementary School in Newtown, Connecticut SEC. 4. Lost or Stolen Firearms. in2012. SEC, 4.I. Division 4.5 (commencing with l2. Today, California |aw prohibits the manufacture, Section 25250) is added tu �t|e4 of Part 6 Of the Pena| importation and sale of mi|itary-sty|e, large capacity Code, to read: 164 1 Text of pmpuseu Law, TEXT OF PROPOSED LAWS PROPOSITION 63 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- DIVISION 4.5. LOST OR STOLEN FIREARMS SEC. 4.2. Section 26835 of the Penal 'Code is arriended 25250. (a) Commencing JU,V 1, 2017, every person to read: shall report the loss or theft of a firearn, he or she owns or 26835, A licensee shall post conspicuously within the possesses to a local law enforcement agency in the licensed premises the following warnings in block letters Orisdiction in which the theft or loss occurred i I within five not less than one inch in height; days of the time he or she knew or reasonably Should have (a) "IF YOU KEEP A LOADED FIREARM WITHIN ANY known that the firearm had been stolen or lost. PREMISES UNDER YOUR CUSTODY OR CONTROL, AND (b) Every person who has reported a firearm iosit or stolen A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND under subdivision (a)shall notify the locallawenforcement USES IT, RESULTING IN INJURY ORDEATH, OR CARRIES agency in thelarlisdiction in which the theft or loss occurred IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A Within five days if the firearm is subset uen 4 tlyrecovere by MISDEMEANOR OR A FELONY UNLESS YOU STORED the person. THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT (c) Notwithstandirw subdivision (a), a person shall' not be FROM TEMPORARILY FUNCTIONING.,' required to report the loss or theft of a firearm that is an antique firearm within the meaning of subdivision (c) of (b) "IF YOU KEEP A PISTOL, REVOLVER, OR OTHER Section .7 6 170. i FIREARM CAPABLE OF BEING CONCEALED UPON THE 25255. Section 25250 shall not apply to the following., PERSON, W OR COITHIN NTROL ANY AND PREM AI PERSON UNDER YOUR US Y , UNDER 18 (a) Any law enforcement agency or peace officer acting YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND within the course and scope of his or her empto ent Or CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A yn U official duties if he or she reports the loss or theft to his Or MISDEIVIEANOR, UNLESS YOU STORED THE FIREARM her ernployingagency, IN A LOCKED CONTAINER, OR LOCKED THE FIREARM (b) Any United States marshal or member of the Armed WI_ H A LOCKING DEVICE, 1-0 KEEP IT FROM 'Forces of the United States or the National Guard, while I MPORARILY FUNCTIONING." engaged in his or her official duties. (c) "IFYOU KEEP ANY FIREARM WITHIN ANY PREMISES (c) Any Person who is licensed, pursuant to Cha'Dter 44 UNDER YOUR CUSTODY OR CONTROL, AND A PERSON m(comencing with Section 921) of Title 18 of the 1.1nited UNDER 1.8 YEARS OF AGE GAINS ACCESS TO THE States Code and the regulations issued pursuant thereto, FIREARM, AND CARRIES IT OFF-PREMISES TO A and who report,, the theft or loss in accordance with -SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE Section 923(g)(6)of title 18 of the United States Code, or GUILTY OF A MISDEMEANOR, INCLUDING AFINE OF UP FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU F the Successor provision thereto, and applicable regulations 1 1 issued thereto. STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE." 'd) any iy person whose firearm was lost or stolen Prior to july .7 20 / (d) "IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED 17. FIREARM WITHIN ANY PREMISES UNDER YOUR 252650. Pursuant to Section 11108, every sheriff Of CUSTODY OR CONTROL, WHERE A PERSON UNDER 18 police chief shall submit a description of each firearm that YEARS OF AGE IS LIKELY TO ACCESS IT, YOU 1bIAY BE has been repottedhost orstolen directly into the Department GUUILTYOFA MISDEMEANOR, INCLUDING AFINE OF UP of justice Automated Firearms System. TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU 25265. (aJ) Every Person who violates Section 25250 is, STORED THE FIREARM IN A LOCKED CONTAINER, OR fora first violation, guilty of an infraction, punishable by a LOCKED THE '--IREARM WITH A LOCKING DEVICE." fine not to exceed one hundred dollars (,t, 1.00), (e) "DISCHARGING FIREARMS IN POORLY VENTILAC'ED (b) ) Every person who violates Section 25250 is, or a AREAS, CLEANING FIREARMS, OR HANDLING second violation, guilty Of 317 infraction, punishable by a AMMUNITION MAY RESULT IN EXPOSURE POSURE TO LEAD, A fine not to exceed one thousand dollars ($1,000). SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, (c Ever REPRODUCTIVE HARM,AN D OT 1-1 ER SER IOUS PHYSICAL y person who violates Section 25250 is, fora third I N,l U R Y. H A`1,/E A D E Q U AT E V E N T I LAT 10 N AT A L L. T I IVI E S, or subsequent violation, guilty of a misdemeanor, -WASH HANDS THOROUGHLY AFTER EXPOSURE." punishable by imprisonment I'n a county Jail not exceeding six X Months, or b a fine not to exceed one thousand (f) 'TEDERAL REGULATIONS PROVIDE THA., IF YOU DO y ($1,000), or by both that fine and imprisonment. 1y1 O'T TAKE AKE PHYSICAL POSSESSION' OF THE FIREARM HAT YOU ARE AICQUIRING OWNERSHIP OF WITHIN 30 25270. Every person report ng a lost or stolen firearm DAYS A E R YO U CO M PLETE HE INITIAL BACKGROUND z L i FT T pursuant to Section 255250 shall report the make, model, CHECK IPAPERWOR K, THEN YOU HAVE TO GO THROUGH and serial number of the firearm, if known by the person, I I d THE BACKGROUND CHECK PROCESS A SECONDTINIE arid arty additional relevant information required by the IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT local law enforcement agency taking the report. FIREARM." 25275, (a) No person shall report to a local law (g) "NO PERSON SHALL MAKE AN APPLICATION TO enforcement agency that a firearm has been lost Or stolen, PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR knowing the report to be false. A violation of this section Is OTHER FIREARM CAPABLE OF BEING CONC'�EALED an infraction, punishable by a fine not exceeding two UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND hundred fifty dollars tars, ($250) for a first offense, and by a,, L KO DELIVERY SHALL BE MADE TO ANY PERSON WHO fine not exceeding one thousand dollars ($1,000) for a HAS MADE AN APPLICATION -TO PURCHASE MORE second or subsequent offense. THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM (b) This section shall not preclude prosecution underanY 'CAPABLE OF BEING CONCEALED UPON THE PERSON other law. WITHIN ANY 30--DAY PERIOD." Text of Proposal Laws 1 165 TEXT DF PROPOSED LAWS PROPOSITION G3CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- NV ^8FA FIREARM YOU GkMN OR POSSESS i(S LOST OR that fact, Upon notification by the department the dealer STOLEN, THE LOSS 0R THEFT T0A shall transmit corrections to the record of electronic o/ L�C�LLAN/ENFORCEMENTAGENCY WHERE 7//ELOSS telephonic transfer to the department, or shall transmit OR THf]FT0CCURRED NVTH//V FIVE DAYS OF THE TIME any fee required pursuant to Section 28225, o/ both. as YOU K/YEN/ OR REASONABLY SHOULD HAVE /(yoONxV appropriate, and if notification by the department is THAT THE F7REARMHAD BEEN LOST OR STOLE��'' reoeived by the dea|e, ut anytime priorto de|ive,y ofthe SEC, 5. Strengthening the National! Instant C,imina| firearm to be purchased, the dealer shall withhold de|ivery Background Check System. until the conclusion of the waiting period described in Sec�iony268I5and 2754O� SEC 5 l Section 2D22D of Penal Code is amended� � � (f) (I) (A) The department sha|l immediate|y notify the u � dealer to delay the transfer uf the firearm to the purchaser �822D� (a) Upon submission of firearm purchaser if the recordsuf-hedepartment. or the records available to information, the Department ofJustioeshall examine its th � ede t tintheNationa| instantCrimina| BackQround records, as well as those records that it is authorized to CheckSyatem. indicate one of the fo||owinQ: request from -he State Department of State Hospitals pursuant to Section 8104 of the Welfare and |nytitutions (|) The purchaser has been taken |ntocuytodyand placed Code in order to determine if -he purchaser is a person in a facility for mental health treatment or evaluation and described in subdivision (a> of �eutiun 275�5 or is may be Person described in �eutiun 8I00ur8I03 of the ' ' VVe|fo,e and Institutions Code and the deportment is prohibited by state or federal |avv from poayeua|nQ' unable toascertain whether the purchaser ioa person who receiving, owning, or purchasing a firearm, is prohibited from possessing, receixing, owning, or (b> The purchasinQahrearm, ttuSeot|un 8100 or8lO3 Departmentof justice rn*yaha/hza�ioi t in the National of the VVe|fareand |ns-itutions Code, phor to the conclusion Instant Criminal Background Check System (N|CS), as uf the waiting period described in Sections 26815 and described in subsection (t) of Section 922 of Title 18 of 27540. 1he United States Code and ' ` '' "'°` p="^'p~`'"'' '^ (ii) The purchaser has been arrested fur, or charged vvith shall notify the dealer and the chief of the a crime that would make him or her, if convicted, a person police department of the city or city and county i» which who, is prohibited bystate or -federal law possessing, the sale was made or if the made in a district in '- '' - = ' receiving, owning, or purchasing o firearm and -he which there is no municipo| police department, the sheriff department is u`=bie to ascertain whether the' purchaser of the county in which the sale was made that the - n— ' was convicted of that ofifense prior to the conclusion ofthe purchaser is person prohibited from acquiring firearm under federal |aw. waiting period described in -Sections 268l5and 27540 Wi) The purchaser may be a person described in (o) If the department determines that the purchaser is subdivision (a) of Section — — - 275-35' and the department t is prohibited by state or federal !mw from r------i =` unab|e to asoertai whether the pu�haua� in fact, |u a receiving, owning, o, purchus�Qafirearm or is person person described inn subdivision (a) of Section 2,� 35, described in subdivision (a) of Section 27535 it shall' P. �o the uonu|usion of the waihnQ period described in immediately notify the dealer and the chief of the poll Sectiony268l5und 27540. depa�ment of the city or city and county |n which the sa|e was made, or if the sale was made in a district in which (D) �he dealer shall pmv|dethepuochaaerwith information thee |o no municipal police department, theyheriffufthe about the manner in which he o, she -nay contact the county in which the sale was made' of-hat foot. department regarding the delay described in subparagraph (nd) If the department determines that copies othe (A). e hd h || iQater submitted to it pursuant to subdivision (d) of 2> T / o u/om « mSection 282lO contain any blank spaoes or inaccurate,, illegible, or incomplete information, pnaventing purchaser may obtain a copy of the criminal or mental 'identification of -he purchaser or the hand othpr health record the deportment has on file fo,the purchaser. hrearm to be hayed, or if an fe required pursuant to Upon receipt of that criminal! or mentai health record, the Section 282'25 is not submitted '' the dealer in purchaser shall nepo� any inaccuracies urincompleteness conjunction with submission of copies of the register, the on an approved form. . department may notify the dealer of that fact. Upon (3) If the departrnerit ascertains -he final disposition of notification the arrest or criminal charge, the outcomeof the ta| corrected copies of the register to the department, or shall health or evaluation, or the purchaser's eligibility Submit any fee required pursuant to Section 28225, o to purchase a firearm, as described in paragraph (I), after both, as appropriate and, 'if notification. by t lie depart T e the waiting period described in Sections 26815 arld is received by the dealer at any time prior to delivery of the 27540, but within 30 days of the dealers original firearm. to be purchased, the dealer shall withhold delivery submission of the purchaser information to-he department partnient shall do the unt I ffie conclusion of the waifing period described in pursuant to this section, the del: L Sections 26815 arid 27540, following: (e) h the department determines that the information (A) |f the purchaser io riot a person described insubdivision Transmitted to it pursuant to Section 28215 contains (a) of Section 27535, and is not prohibited by state or inaccurate or inoump|ete information pnevenhnQ federal law, including, but not limited to, Section 8100ur identification of the purchaser or the handgun or other DI03of-heVVe|faneand Institutions Code,fmm possessing, firearm to be purchased, or if the fee required pursuant to receiving, owning, purchasing firearm, the department Section 28225 is not transmitted by the dealer in shall immediately notify the dealer of that fact and -he conjunction with transmission of the e|eotmnic or dealer may then immediately transfer the firearm to the telephonic record, the department may notify the dea!er of purchaser, upon -he dealer's recording on the register or TEXT DF PROPOSED LAWS PROPOSITION G3CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ,eoord of electronic transfer the date that the firearm is possesses an-v large-capacity magazine, regardless of the tnansferred, the dealer signing the register or record of date the e|eotroniotransfer Indicating delivery of the firearm to'that punishable bv a fine not to exceed one hundred dollars pumhauar, and the chauersigning the reQisterorreoord ��I0Oy �/�e- / of electronic transfer acknowledging the receipt of the /niydefinaenor punishable by e fine not to exceed one firearm on the date that thefirearm is delivered to him or hundred dollars ($IDOy nougozine, by her. in /a0notbuexueedune year, orby (B) If the purohauar is a person described in subdivision both that fine and if (a) of Section 27535, or is prohibited by state o, federal." (d) Any person who /n4y not lawfully a large- law, including, but not limited to. Section 8100 or 8103 capaciilye commencing ju/y 1, 20I7yha//, prior of the Welfare and Institutions Code, from possessing, tu Jury I, 2027: receiving, ovvnin Or purchasing firearm, the department sha|| notify the dealer and the chief of the (I) Remove the large-cap mag azine �u/n the state; police department intheoityorcityandcountyinwh|ch (2) Sa0 the/a0��-capac/ty/no�e�neboa �cenae6frearn� the sale was made, ur if the sale was made in a district in dea/er; or which there is no municipal police department, the' (3) Surrender the la0��c3~~`/ty magazine to a lawof the county in which the sa|e was made' of that fact in enfonren/en�u�en�y�rdes ~�n compliance with subdivision (o) of Section 2822O. destruction. (4) If the department is unable to ascertain t SEC. 6.2. Section 324OOof the Penal Cudeiyamended � disposition n m to read: oftheaeutorcrimina| uharQe, ortheoutoo e of the menta| health treatment o/ eva|uation' or the 324010. Section 323101 does not apply to the sale of, .Purchaser's eligibility to Purchase a firearm' as described giving of. lending of, possession oil, importation into this in paraQmph (l}, within 30 days of the dealer's originai state of, or purchase of, any large-capacity | to or submission of purchaser information to the department byanyfedera|, state, county, oityand county, orc|tya0enuy pursuant tothiysection, the department sha|| |mmediate|y that ischarged withthe enforcement oi any | !'or use b notify the dea!er and the dealer may then immediately agency emp|uyeeo in the discharge of their official duties, transfer the firearm to the purchaser, upon the dealer's whether on or off duty, and where the use is authorized by recording on -he register or record of o!octronio tranyfer the aQenoy and is within the course and scope of their the date that the firearm is transferred, the dea|ersiQninQ duties, the register or record of o!octronio tranyfe, indivatinQ SEC, 6.3. Section 324O5of the Penal Cudeiy amended delivery of the firearm tuthat purchaser, and the purchaser read: signing the register or record of electronic tran�er acknmw|edg|nQthe receipt of the firearm on the date that 32405. Section 323I0 does not apply to the sale to, the fireunm is delivered to him or her. |endin8to. transfer to, purchase by, receipt of, possession of, or importation into this state of |a city � magazine byaawornpeaoao�|oer'asdefinedinChapter4.5 s�� ~ ��^ person� � /is prohibited (commencing with Section 83O) of �t!o 3 of Part 2 or on�ampu�un� meoe� m � m ~�~^ ' shall' oubn�� the n3/ne\ date of birth,' and'physical sworn federal law enforcement oificer, who is authorized to ' des person h/ the National /nytant'.- Criminal carry a iirearm in the course and yuope of that officer's Background Check index, Denied Persons Files. duties. The /n/h:netion provided shall remain privilegedand SEC. 5.4. Section 224D6is added to the Penal Code. to confidenf/yl, and shall not be disclosed, except for the read� puqooae of enforcing federal or state hreanns /ams. 32406 Subd/ms/bn ��of Section 32SJ0does SEC. 6. 'Possession of Large.-Capacity Magazines. to an honu»yb/yoy�redawmn` peace officer, defined /n SEC. 6.1. Section 323lOof the Penal Code isamended chapter 4.5 (commencing mwon Section 83u) or Tittle 3of' to read: Part 2, or honorably d sworn federal law enforcement officer whoweoaubhon�ed�oua /��ann /nthacouoe 32310 (a) Except in (commencing ''� ~ � andscopeofbhafuf�oartdu�ex Hbnorob�oet�ed''shall with Section 3240O) o� this chapter and in Chapter l � (commencin8with Section l77OO) ofDivision 2 of�t|e2, have thesa/nennean/��spnuv/ded /n Section I�6g0� any person in thia state SEC, 6.5. Section 324IOof the Penal Cudeiyamended who manufactures o, causes tu be manufactured, imports to read: into the state' keeps for sale, or offers or exposes for sa|e' 324I0. Section 323I0 does not apply to the sa|e, or or who gives, |ends, buys, o, receives any large-capacitv purchase, o/oos�ess/on of any large-capacity maQazine to magazine is pun|uhab|e by imphsonment in a ooun jai! ur by a p��un |icenyed pursuant to Sections 26700 to not exoeedin.Q one year or imprisonment pursuant to 259I5 inc|u�ive� subdivision (h) of Section II7O. ' SEC 6 5 Section 3242O of Penal Code is repealed. (b) Fo, pu,posesofthisyection. "manufacturing" Includes � � � . both fabricating magazine and assembling magazine from a combination of parts, including, but not limited to, the bodX spring, follower, and floor p|ata or end plate, to be a fully functioning large-capacity magazine. �� )�ep� as provided /n Article 2 (co '^^~''''''o ^~ ^'^ ~^~^^ with the ~~'''^ '~'g^-^a'~^'^/ Section3240Cy of this chapter and /n Chapter J '''�a"�'''� (con/nnenc�g with, Section J77ODyof Division 2of Title 2, SEC. 6.7. Section 32425ofthe Penal Code iaamendad conn/nenci,rIg July J, 2017, any Person /n this state who to read: Text ofp,uposox Laws 1 167 TEXT DF PROPOSED LAWS PROPOSITION G3CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 32425. Section 323I0 does not apply �o either any of (2) A h�amo or annm'un��n that the licensee takes the following: ion of pursuant to Chapter 5 (commencing with Section mpmsuantbr ��m3G3I� (a) The lending or giving ofan | it azineto ' a person |icensed pursuant to Sections 2G70Oto26gI5' (3) Any firearm or ammunition kept at the |ioensee'splace inclusive,ortoa gunsmith,furthe Purposes ufmaintenance, of business. repair, or modification of that large-capacity magazine. SEC. 7.2. Section 2691.5 of the Penal Code is amended 8V The Possession of city magazine by a to read: person specified in subdivision, k$ for the Purposes 2691.5. (a) Commencing Janue(y2, 2018, aAfirearms spec/hed/nsubd/ws/on (a). dealer may shall' require any agent or e/npb1yee who fbf (c) The return to its owner of any |argra-uapac|ty hand|es, se||s, or delivers firearms toobtain and provide to magazine by person specified in subdivision (a). tile dealer a certificate of eligibility from tile Department of justioe pursuanttuSection 26710 On the application for SEC 6 � Section 324�5 ofthe Penal Code is amended � � � � the ce,tifioate the agent or emp!oyeo shall provide -the to read: ---' � name and Ca||forniaf|rearms dea|�r numberufthefirearms 32435. Section, 323I0 does not apply to any of the dea|erwith whom the person is employed, following: (b) The department shall notify the firearms dealer in the (a) The sale of, giving of, lending of, possess/on of, event that the agent or emp!oyoe who has a certificate of importation into this state of, or purchase of. any large- eligibility is or becomes prohibited from possessing capacity magazine, to o, by any entity that operates an firearms. armored veh|c|e business pursuant to the laws of this (o) If the local jurisdiction requires a background check of state, the a8ents o, employees of a firearms dear, the aQent o, (b> The lending of large-capacity magazines b; an entity ap!oyaes |!t obtain a certificate of eligibility pursuant to specified in subdivision (a) to its authorized emp|oyeey' subdivision (a). while in the course and scope ofemp|oymentfo, PurPoses (d) (l) Noth�� in this aeotion sha|| be oonstrued to that pertain to the entity's armored vehicle business. preo|ude a |ucaT]ur|odiction from conducting an additional 'c) 7he possession of any/a / bythe back d heck pursuan� toSeotion lIlO5� The local employees of an enKh/ speC/hed /n subdivision (a) for jurisdiction may not charge a fee for the additional criminal purposesthat pertain tothe ent/h/'s annoed vehicle history check. business. (2) Nothing in this section shall be construed to preo|ude (-e-) (d) The return of those |ar2e-capuoity maQazines to a !uca| jurisdiction from prohibiting employment based on the entity specified in subdivision (a) b; those employees criminal history that does riot appear ay part ofobta|ninga specified in subdivision (b). certificate of eligibility. SEC. 6,9. Section 32450 of the Penal Code is amended (e) The licensee, yha|| pmh bit any agent who the licensee tu read� knows or reasonably should know is within a class of persons prohibited from possessing firearms pursuant to 3245D. Section 323lO does not ap | to purchase Cha�e/ 2 (commeno�Q with Section 2gOOO) or Chapter 3 :r (commenuin8 with Section 29900) of Division 9 of this te o e th da» , 32650. or333uu' or pursuant no Article 3 (commencing Institutions Code from comin8 into' contact with any with Section I8900) of Chapter l of Division 5 ofTit|e 2' firearm that |a not secured and hom accessing any key, or pu�uanttoA�ic|a 4 (commenuin8w|th Section 327O0) combination' code, o, other means to open any of the of Chapter 6 of this division, for any of the following locking devices described in subdivision (8). purposes� � (f) Nothing in this section shall be construed aspreventing (a) For use solely asa prop for a motion Picture, te!e:ision' a |ooal government from enacting an ordinance imposing or video production. additiona| conditions on licensees with re8ard to agents or (b) For export pursuant tofederal regulations. employees. (u) For resale to |avv enforcement agencies, government (g) For purposes of this article, "secured" means a firearm a8encies, or the military, pursuant to applicable federal that is made inoperable in one or more of the following regulations. ways: SEC. 7� Firearms Dealers. (l) The firearm is inoperable because it is secured by o firearm safety device listed on the depa�ment'o noser,of SEC. 7.I. Section 26E05of the Penal Code iyamended approved firearm safetydevices pursuant to subdivision (d) to read: of Section 23555. 26885. (a) Except as provided in subdivisions (b) and (2) The firearm is stored in a !ocked Run safe or long-gun (o) of Section 258015. all firearms-hat are in the inventory safe that meets the standards for jepartment-approved of |ioensee shall be kept within the licensed location. gun safes set forth in Section 23650. (b) Within 48 hours of discovery, a !ioenaee shall report (3) The hrearm is stored |n a distinct locked roum or area 'the |uys or -theft ofany of the following items -o the in the building that is used to store firearms, which can appropriate |avvenforcement agency :in the city, county, or only be unlocked byahe8auombination' orsimi|armeans. city and county where tile licensee's business penisesare (4) The firearm is secured with a hardened steel rod o, |ucated� � cable that is at |ea/t one-eighth, of an inch in diameter (l) Any firearm orannnnun/hunthat is merchandise of the through the trigger guard of the firea,m. The steel rod o/ !ioensee. cable shall be secured with a hardened steel lock that has 168 1 Text of pmpus,u Law, TEXT DF PROPOSED LAWS PROPOSITION G3CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- a shackle. The lock and shackle shall be protected or knows nrhay cause to he /eve is not the actual purchaser shielded from the use of a bo|toutter and the rod or cable or tonyfenee of the ammunition' xvith knowledge or cause shall be anchored ina manner that prevents theremoval of to believe that the ammunition /shube subsequently sold the firearm from the premises. orhonsfenedbraperson who /s prohibited from, owning, SEC, O. Sales ofAmmunition, Pmysesu/n& or having under custody or omnhn/ any am/nun/bon or reloaded annnnun/hun pursuant to SEC. 8.1. Section I6l5Oof the Penal Code isamended subd/w (a)��on � or (b) of' Section 3O3G�� iygu�iyofa to read: /n/sden/aanor, pun/shab/eby imprisonment/nacounh//a// 1.6150 (a) not exceeding one year, or a fine not.- exceeding ona thousand dollars ($2'000), or by both that fine and As used /n this pant, except in, subdivision (a) of Section imprisonment. 3O305 and /n Section 30306, ^a/nnnun///on'' means one 4�f (c) The provisions of this section are cumu|ativ� and or more /oa6ed cartridges consisting a primed case, shall not beuonstrued as restricting the application of propellant, /n any and "Ammun ition other law, However, an act or omission punishable in doeonnt /no/udeb/anks. different ways b;this sectiun and another provision of law (b) As used in subdivision (a) of Section 30305 and in shall not be punished under more than one provision. Section3O3O5 "ammunition" but' ' SEC. 8.6. Section 303I2 of the Penal Code is amended to, any bullet, cartridge, nnagazne, o||A speed loader, to read: autoloader, or projectile capable of being fired from a hearm with a dead|y ouns�quence� ^Ammunition" does 3O3I2 'a) not include b|ankS. Comi-nenCing janU31y 1, 2018, the sale of ammunition by an.ypartyshall be conducte� byorprocessed through a SEC, 8.2, Section 16I5I is added tu'the Penal Code, to 0censedenn/nun/donvendor read: (11) Nh ebh /f� �� /c d 26J52 8V �su�ad/n �h�partoonnnenc��Jan 2 � � � �� y aonnun��nwsndorthese0ersha0deiwyiheamn,uniOn 2018, "ammunition vendor" means any Person, firn, to vendor to thetransaction. 7h �� corporation, or other business enterprise that holds * vendor shall' '/ / and � �� the current anrrnun��v vendor license issued pursuant to a/nni �m then - -'` if ---�` deliver' Section — ' - purchaser,— ' -- is not--jorohi---' as �the ammunition were the vendor:') own merchandise �V Lomin/enoing January 2 2028, a firearms dealer /f the ammunition vendor cannot legally deliver the licensed pursuantho Sections 26700/o26gJ5, inclusive, ammunition to the purchawet, the vendor shall f6rthmdf shall autornatically be deerned a licensed atrin-7unition return the ammunition to the seller The am/nun/bon vendor,provided the dealer complies withth �e ty vendor may charge the purchaser an administrative fee ho ofAntic/es 2 (unnnnnanc/ mid\ Section 30300) and 3 the transaction, m an announ� to be set by the ��'� ,---_- - � ' (co/n/nenuing with Section 3O340)of Chapter IofDivision Dep3rtMentmf/uobce, in addition bo any applicable fees IOofTi@s4, that may bechaggedpucsuant. bo the pnoms/onsof this title, SEC. 8.3. Section 16662 of the Penal Code is repealed, (b) Cn/nrneno/qg 0nuary J 20I8( t'he sale, delivery or tranyfe, of ownership of handguil ammunition byanypertv ----- As --- in -this part, —m-g-n am'm-Il i-- mayon|yocourinafaoe-tu-facetransactionwiththese8e� Vendor" --- any diverer, or transferor Y de e P..gej ed i M-,h e b ti 5 i rl e,55 t)f se 11 i rl g I any harldigbirl however, that ammunition may t-,e purchased or acquired over the I internet or SEC. 8.4. Section l73l5of the Penal Code iyamended /f a licensed annnun throughn xenohr /n��0y n�ce/m�ordering tovead: an»nundion and pnooe�/es the hansac�on /n �a I7315. As used i With, this section and Article J (corr7mencing with Section -39345)Articles 2 through 5ofChapter I of Division lDof 3CB42Yof Chapter 2 of'Division, 2U of'Title 4 of this part Fitie4, "vendor" meany�anhyndgu nammunit|unvendor. 00 (c) -�4m4m,4v��rt Subdivisions (a) and (b) shall not SEC. 8.5. Section 303C6of the Penal Code iyamended apply toof effeot the sale, delivery, or transfer offandguig �o read: ammunition to any ofthe following: 30306. (a) Any person, corporation, ff firm, or other (l) An authorized law enforcement representative of a business enterprise who supp|iea, delivers, se||y' or gives city, county, city and county, or state ur federal government, possession o/ control of, any ammunition to any person if so|e, delivery, ortransfer is for exclusive use by that who he or she knowoor using reasonable oareyhou|d know government agency and, prior to the sa|e, delivery, or is prohibited from ownin8, puuseasin8, or having under trany|erof h unit|on' written authorization uustudyorountro|,anyammunitionurre|uadedammunit|un from the head ofthe a8encyemp|o�ng �he houer or pursuant to subdivision (a) or (b) of Section 30305. is transferee is obtained, identifying the employee as an guilty ofa misdemeanor' punishable by Imprisonment in u individual authorized to conduct the tranaaot|on' and county jail not exceeding one year, or a fine not exceeding authorizing the transaction for the exclusive use of the one thousand dollars ($l.00O), or by both that fine and aQenoyemploying the individual. imprisonment, (2) A sworn peace offiuer, as defined in Chapter 4.5 (b) A n corporation, h�n otherbusiness (commencingwith Section 8301) of Tit!o 3 of Par 2, or ente(prise who supplies, delivers, se/is, orgivespossess/on sworn federal law enfbncem'entofficer, who is authorized to or control of, any ammunition to any person whom the carry a firearm in the course and scope of the offiuer's person, corporation, firm, or other business enterprise duties. Text ofp,uposox Laws 1 169 TEXT OF PROPOSED LAWS PROPOSITION 63 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (3,) An impor'er or manufacturer of haridigHn ammunition eligibility issued by the Department of Justice pursuant to or firearms who is licensed to engage in business pursuant Section 26 710, to Chapter 44 (commencing with Section 921) of Title 1.8 / k6) A person who acquired the ammunition from a,spouse, of the United States Code and the regulations issued registered domestic mr-ri Pursuant thereto. ic Partner, or iediate family rnei-nber as defined in Section .16720. (4) A person who is on the centralized !list of exempted " I kc) A violation of this section is an infraction for 317_V first federal firearms licensees maintained by the Department t. -lime offense, and either an infraction or a misdemeanor for of Justice pursuant to Article 6 (commencing with ar.;y subseq,,,,Pnt offense. Section 284.50) of Chapter 6 of D'visior 6 of this title. collector of firearms Article 3 (commencing with g o heading f he- (5) A person whose licensed premisesSEC. 8.8. T are outside this Section 30342 Ch'a'pter' I of Division 10 of Title 4 of state and who is licensed asa dealer or colle I I rea rms 2) of Part 6 of the Penal Code is amended to read: DUrSUant to Chapter 44 (commencing with Section 92 .) of Title 18 of the United States Code and the regulations A rt i c I e 3. 4a F-ifttm.Ammunition Vendors issued pursuant thereto. SEC, 8.9. Section 30342 is added to the Penal Code, (6) A person who is licensed as a collector of firearms immediately preceding Section 30345, to read: i pursuant to Chapter 44 (commencing with Section 92 1) of 30342. (a) Co, in.f-renc,ng January 1, 2018, a valid Title 18 of the United States Code and the regulations ammunition vendor 'license shall I be required for any issued pursuant thereto, whose licensed premises are person, firm, corporation, or other business enterprise to within this state, and who has a current certificate of sell' more than 500 rounds of ammunition in any 30-dav eligibility issued by the Department of Justice pursuant to period. Section 26710. (7) A handgun. An ammunition vendor. (b) A v r.violation of'this section is 3 misdemeano SEC, 8,1.0, Section 30347 of the Penal Code is amended (8) A consultant-evaluator. to read: . . : (9) A person who purchases or receives, ammunition at a 30347. (a) An, ammunition vendor shall require any t,3r.gTe-ti"3ciii,lyholdi.ngabi,isirie,s.soroL'he,,-regti,tat.')ry,license, i agent or employee who handles, sells, delivers, or has provided that the ammunition at all times kept within under his or her custody or control any ammunition, to the facility's premises, obtain and provide to the vendor a certificate of eligibility (10 A person who purchases or receives ammunition from from, the Department of justice issued pursuant to Section a spouse, registered domestic partner, or immediate family 261710. On the application for the certificate, the agent or member as defined in Section 167.20, employee shall provide the narne and address of the, (-e-) (d) A violation of this section is a misdemeanor. ammunition vendor with whom the person is ernployed, or the name and California firearms dealer number of the L un ti 11 vendor o SEC, 8.7. Secflon 303'4 is added to the Penal Code, to amm i- o v ndar if applicable. read: (b) 7-he departr0ent shall notify the at-m-nunition vendor in 30314. (a) Commencing January 1, 2018. 3 resident Of the event that the agent or employee who has a certificate this state shall riot bring or transport into this state, any Of eligibility is or becomes prohibited from possessing ammunition that he orshe purchased orotherwise obtained ammunition 'uon under subdivision (a) of Section 30305 or from outside of this state unless he or she first has that fede ral"Jerai law, ammunition delivered to a licensed ammunition vendor for delivery to that resident pursuant L to the procedures set (c) -A An ammunition ve dor shall not permit any agent of' Section 30312. employee firth in Sec who the vendor knows or reasonably should know is a person described in Chapter 2 (commencing with (b) Subdivision (a) does not apply toanY of the following. Section 29800) or Chapter 3 (commencing with (1) An ammunition vendor. Section 29900) of Division 9 of this title- or Section 8100 (0) A sworn peace officer, as defined in Cl aDter 4.5 or 8103 of the Welfare and Institutions Code to handle, l (commencing with Section 83(_%) of Title 3 of Part 2, Of, sell, e-del iver, or have under his or her custody or control, l9andgun sworn federal law enforcernent offi..cer, who is authorized to any ammunition in the course and scope of carry a firearm if,, the course and scope of the officer's employment. ,duties. SEC. 8.11. Section 30348 is added to the Penal Code, to read: (3) An importer or manufact-urer of ammunition or firearms who is licensed to engage in business pursuant to Chapter 30348. (a) Except as provided in subdivision (b), the 44 (commencing with Section 921) of Title 18 of the sale of ammunition,bra licensed vendorshall be conducted United States Code and the regulations issued pursuant at the location specified in the license. thereto. (b) A vendor may sell ammunition at a gun show or event. (47) A person who is on the centralized list of exempted if the gun show or event is not conducted from any federal firearms licensees maintained by the Department motorized or towed vehicle.. Of Justice pursuant to Article 6 (cornmencing with (c) For purposes of this section, 'gun show or event" Section 28450)of Chapter 6 of Division 6. means a function sponsored by any national, state, or local (5) A person who is licensed as a collector of firearms organization, devoted to the collection, competitive use, or pursuant to Chapter 44 (commencing wi th Section 921)of other sporting use of firearms, or an organization or Title 18 of the b1nited States Code and the regulations association ation that sponsors functions devoted to the issued oursuant thereto, whose licensed premises are collection, competitive use, or other sporting use of within this state, and who has 3 current certificate Of firearms in the cof-rinMint.ty. 170 1 Text of ProrYlsed Laws TEXT OF PROPOSED LAWS PROPOSITION 63 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (d) Sales off ammunition at a gun show or event shall and f-he amn-7tmithon is delivered to the person in the same comply with all applicable laws inchlolinE, Sections 30347, transaction as the firearm' 30350, 30352, any3"0,3(io, (d) C ornmencing, july .7., ammunition2019, the ammunition vendor SEC. 8.12. Section 30350of the Penal Code isarnended shall verify with the department, in a manner prescribed by to read: the department, that the person is authorized to,purchase 301350. A An ammunition vendor shall not sell or ammunition by comparing ng the persons ammunition otherwise transfer ownership of, offer for sale or oth. rwise purchase authorization number to the centralized list of: h ammur., ps. If t e p is not offer to transfer ownership of, or display for sale or display for transfer of ownership of any Naffc-gtfft ammunition in a listed as-uthorized an authorizedon aurcmmuhaser nifion purchaseersonr, the vendor accessible to a S manner that allows that arnrin unition to be hall deny the sale or transfer. purchaser or transferee without the assistance of the fl-34 (e) SH1561iViSiOP! Subdivisions (a) and (d) shall not vendor or an employee of the vendor, apply to or af-feet sales or other transfers of ownership of SEC. 8,13. Section 30352 of the Penal Code is amended handgtn ammunition by handgtm ammunition vendors to to read: any of the following, if properly identified: 301352. (a) Commencing Fah-Ftftry---1_1----2-01-1--,----a Jul 'H A person lieensed ptjrstialit to Seetions 2 1111.1 Lb .Y 2019, an ammunition vendor shall not sell; or otherwise transfer ownership of any handgLin. ammunition without, at f 24 (1 A h a r i dig ti n An ammunition vendor, the time of delivery, legibly recording the following k+ i,-' (2) A perso., who is on the centralized list of exempted information on a forim to be prescribed by the Department of justice: federal firearms licensees maintained by the department pursuant to Article 6 (Commencin.2 with Section 28450) of M The date of the sale or other tfan-sa-e,4 rt transfer. Chapter 6 of Division 6 of this title'. 1 L . (2) The purchaser`s or transferee's driver's license or other WI (3) A target fae-ility that Holds a bHSi190e__, eff regd latery Y identification Uli-nber and the state in which it was issued. i4eeftse person who purchases or receives ammunition at a '3) The brand, type, and aniount of ammunition sold or i u targ(t facility holding a business or other rqgulatoty license, otherwise transferred. provided i hhat hhe amfinunition is at all times kept within the fa. cibty's premises. (A) 'The purchaser's or'transferee's full narne andsignature. (5) Thle name or the salesperson who processed the sale or it-)-) ,4) A gunsmith. ether transaction. (5) A wholesaler. A in r ianufacturer or irnporter of ilrearryis or --He above form-, ammunition licensed. -pursuan' tolhapter44(cornmencing C with Section 921.) of Title 18 of the United States Code, (6) The purchaser's or transferee's full residential, a n d the regulations issued pursuant thereto. address and telephone number. f&li (7) An authorized law enforcement representative ot a i k84 (Z) a he purchaser's or transferee's date of birth. city, county, city and county, or state or federal government, (b) Commencing July 1, 2019, an ammunition vendor if the sale or other transfer of ownership 'lip is for exclusive shall electronically submit to the department the use by that government agency, and, prior to the sale, information required by subdivision (a) 'or all sales and delivery, or transfer of the ammunition, written transfers of ownership of ammun I;tion. The department authorization -from the head of the agency authorizing the L shall retain this information in a database to be known as transaction as Presented to the person from whom the the Ammunition Purchase Records File. This information purchase, delivery, or transfer is being made, Proper shall remain confidential and may be used by the written authorization is defined as verifiable written department. and those entities specified in, and pursuant certification from t' e i,ead of t' e agency by which the to, subdivision (b) or (c) of I Section 11105, through the purchaser, transferee, or person otherwise acquiring California Law Enforcement Telecommunications System , ownership is ernployed, identifying the erriployee as an only for law enforcement purposes. The ammuniti.on vend.or individual authorized to conduct the transaction, and shall 11 not use, sell, disclose, or share such information for authorizing the transaction for the exclusive use of the any other purpose other than the Submission required by agency by which that individual is employed. '-his subdivision without the express written consent of the (6) A DrOpOrty identified sworn peace officer' as define'd in purchaser or transferee. Chapter 4.5 (coml-nen—cing with Section 830) of Title 3 of (c) Commencing on July 11, 20119, only those persons Dart 2, or properly identified sworn federal law enforcement listed in this subdivision, or those persons or entities listed officer, who is authorized to carry a firearm in the Course i.n subdivision (e), shall be authorized to purchase and scope of the officer's duties. ammunition. Prior to delivering any ammunition, an., 00 M) Proper identification is defined as verifiable written ammunition vendor shall bona fide evidence 0! certif,I cation from the head of the agency by which the identity to verify that the person who is receiving delivery I purchaser or transferee is employed, identifying the of the ammunition is a person or entity listed in subdivision purchaser or transferee as a full-time Paid peace officer (P)or one of the following' who is authorized to carry a fireatro in the course and scope (1) A person authorized to purchase ammunition pursuant of the officer's duties. to Section 30,370. 0 The certification shall be delivered to the vendor at the (2) A person who was approved by the department to turie of purchase or transfer and the purchaser or transferee receive a firearm, from the ammunition vendor. pursuant to shall provide bona fide evidence of identify to verify That he Section 28220, if that vendor is a licensed firearms dealer, or she is the person authorized in the certification. Text of Proposal Laws 1 171 TEXT OF PROPOSED LAWS PROPOSITION 63 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -3) T I lie vendor shall keep the certification with the record and institutions Code, and if t authorized, the National of sale and submit the certification to the department. instant Criminal Background Check Systemi, as described (g) The department Dart.rnent is authorized to adopt regulations to in Section 922(t)of Title 18 of the United States Code, in implement the provisions of this section. order to determine if the applicant is prohibited from SEC. 8.14. Sectiori 30363 is added to the Penal 'Code, possessing Or acquiring ammunition under subdivision (a." of Section 30,305 or federal /aw to read: 30363. Within 48 hours of discovery, an ammunition he applicant shall be approved or denied within 30 vendor shall reDOr`1' the loss or theft of any of the following days, of the date of the submission Of the application to the departi-rient, it: the application is denied, the department items to the appropriate law enforcement agency in the city, county, or c;tv and county where Me vendor's business shall state the reasons for doing so and provide the IL I J L premises are locate,],, applicant an appeal process to challenge that denial. 1 If the department is unable to ascertain the final (1) Any amir.rMinition that is merchandise of the vendor ((3 j I disposition of the application within 30 days of the he (2) Any ammunition that the vendor takes possession OT applicant's Submission, the department shall grant pursuant to Section 30312. authorization to the applicant. 3) Any ammunition kept at the vendor's place of business. 14) 71 1 1 1 k The ammunition purchase authorization number shall SEC. 8.15. Articie 4 (cornmericinc.7 with Section 303/10) be the some as the number on the document presented by is added to Chapter 1 of Divislor.. 10 of Title 4 of Part 6 of the person as bona fide evidence of Identify, the Peria! Code, to read: (f) The department shall renew a person!s ammunition Article 4. Ammunition Purchase Authorizations purchase authorization before its e)(Pi.ratl.Or!, provided that 30370 (a) (1) Commencing on January 1, 2019, any the department determines that the person is not prohibited person who is 18 years of age or older may apply to the from acquiring or posse si .gamf unition undersubdivision Department of justice for, an ammunition purchase (a) of Section 30305 or federal law. and provided the authorization, applicant timely pays the renewal fee set forth in (0) The ammunition purchase authorization may be used subdivision (g), by the authorized person to purchase or Otherwise seek the (g) The department may charge a reasonable fee not to transfer of ownership of ammunition, from an ammunition, exceed fifty dollars ($50)per person for the issuance of an vendor, as that term is defined in Section 161.51, and ammunition purchase authorization or the issuance of .3 shaft 1 have no other,force or effect. renewal authorization, however, the department shall not (3) The ammunition purchase authorization shall be valid set these fees any higher than necessary to recover the esl for four years from July -1, 2019, or the date of issuance. r,,asonab'le, LiJi na'Led costs to fund the amlinunition whichever is later. unless it is revoked by the de partment epart-meni authorization program provided for in this section and pursuant to subdivision (1)). Se',.tion.30352, including the enforcement of this program bl T and maintenance Of any data systems associated with this (tat j the ammunition purchase authorization shall be program. promptly revoked by the department, upon the occurrence - of any event which would have disqualified the holder from (h) The Ammunition Safety and Enforcement Special being issued the ammunition purchase authorization Fund is hereby create,] within the State Treasury, All fees pursuant to this section. if an authorization is revoked, the received pursuant to this section shall be deposited Into department shall upon the written request of the holder the Ammunition Safety and Enforcement Special Fund of state the reasons for doing so and provide the holder an the General Fund, and, notwithstanding Section 13340 of appeal process to challenge., that,revocation. the Government Code, are continuously y appropriated for 'c) the department shall create and maintain an internal, purposes of Implementing. operating and enforcing the centralized list of all persons who are authorized to amm unition authorization program provided for in this purchase ammunition and shalt promptly ref-riove from the section and Section 30352, and for repaying the start-up list anv Dersons whose authorization was revoked by the loan provided for in Section 3037' department pursuant to this section. The department shall (i) The department shall annually review and may adiust. Provide access to the list by ammunition vendors for all fees specified in subdivision (g) for inflation. purposes of conducting ammunition sales or other t The department is authorized to adopt regulations to ransfers, and shall provide access to the list b'Y law onforcef-rientagencies for law enforcement purposes. il-riplernent the Provisions of this section. (d) The department shall issue 3n, ammunition;, purchase 3037-1. (a) There is hereby appropriated twenty-five authorization to the applicant if all of the following million dollars ($25,000,000) from the General Fund as a conditions are met: Loan for the start-up costs of ii-riPlernenting, operating and (1) The applicant is 18 years of:age or older. enforcing the provisions of the ammunition authorization . program provided for in Sections 30352 and 30370. (0) The applicant is riot prohibited from acquiring or (b) For purposes, of rep3yir� Lh possessing ammunition under subdivision (a) of I g the 10317, ' e Controller shall, Section 30305 or,federal law, after disbursing moneys necessary to implement, operate and enforce the ammunifion authorization program (3) The 3PPI C nt pays the fees set forth in Subdivision provided for in Sections 30352 and 30370, transfer all (e) (1) Upon receipt of an initial or renewal application, proceeds fhorn fees received by the Ammunition Satety and the department shall examine its records, and the records Enforcement Special Fund up to the amount of the loan it is authorized to request from the State Departirent of provided by this section, including interest at the pooled State Hospitals, pursuant to Section 8104 of the Klelfa. re money investment account rate, to, the General Fund. 172 1 Te.xtnfPrepnse(-I L,:3ws TEXT DF PROPOSED LAWS PROPOSITION G3CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SEC. 8.I6. Article 5 (commencin8withSeotion �O385) provided access bn the n��by for lawwenfbncement is added to Chapter I of Division lO of Title 4 of Part of purposes. thePona| Code � ' to 6c) An anonnun�bcn vendor license is y to forfeiture Article 5. Annnnun/�onVendor Licenses for a breach ofanyof the prohibitions andrequiren/entoof' 30385. (a) The Department of Justice is authorized to An�nc/ne2 (connanci' y with Section n 303DD) urAn�c/e3 to (c�sue3nnun/�mnvendor//oenoespursuanf � oenciq�wibhSe��on3U342).The deparbnent shall, commencing July J, 20I17, SEC. g. Nothing in this Act shall' preclude or preempt o conrinmence accePting applicationsforan/nnun/tion vendor local ordinance that imposes additional pena|ties or licenses. /fan application is den,led, the deparhnentshall requiremantsin regard totheaa|aortransferofammunition. /n/bnn the applicant of the reason hordenial /nmr/ttin8 SEC. lO. Securing Firearms From Prohibited Persons. (b) The a/nn/un/tiun uendor //censeshall be issued /n e SEC l0 I Section 1524 of the Penal Code is amended /o prescribed � � � ..'' �'^~ ^ � ~�p~'^'''~'^ ~''~ ~''~'' ~^ `~^~ '~' ~ to read: period fone Year. _11he depattiment nay adopt regulattions to aorn/n/sterthe application and enforcement provisions 1524. (a) A searoh warrant may be issued upon any of ofth/s article, The license shall a8ow/ the licensee to sell the following 8roundu: a/nnnun/f/on at the /ocaf/on specified /n the license or at,a (l) When the property was stolen or embezzled. gun show o,event as set forth /n Section 3O348. (2) When the pnopertyorthinga were used as the means of (c) (J) /n the case ofan entity other/hananatural person, committing afelony. the ' to the ent/h< but uhashall' qu�eans /b/ person to pass the back6Uound (3) When 'the prope�yorthings are in the possession of check pumuanfbo'Section 30J95. any Person with the intent to use them as a means of committin� a public offense, or in the posseuuion uf L2/ For purposeo o/ this article, ~"responsible person" another towhomheor she may have del ive,ed them for the /neensa person havi��hapower bod�aci the/nan n� purpoyeufuon them uea|in� orprevent|ngthemfrombein8 po//c/ �� and practices of the entity as it. pe�a/nu to discovered. a/nnnun/f/on. (4) When -he p,uport' things to be seized consist of kV Commencing January 2, 2OJI a hreanns dealer emor constitute evidence that tends o show a felony has licensed pursuanthu Sections 267DOho269I5, /nc/us/ve' been committed, urtondytu shuvvthat a particuiar person sh // /o / - " �"^""'�' � "= "=="'=" " ''^=""=" ="'^"'''`"' hasoommitted afe|ony dealer complies with re4u6�n�en±y ofA ' 2(conmen 30300)andArticle (5) When the property m things to be seized consist of 3 ("co/nn/eno/qg,uith Section 30342). evidence that tends to show that sexual exploitation of a ohi|d, in violation. of Section 3I1.3, or possession of 30390. (a) The Department of justice 1_1173y cha0�� matter depiutinQ sexua| oonduct of a person under 18 ammunition vendor license applicants a reasonable fee years ofaQ*' in violation of Section 311.I1' has occurred ="f�c/" ' ^" �inb=�� the or |soccurring, administeringestimated costs of the license program, /nu/uding the enforcement n/this programand ma/rlbenanue (5) VVhen thee isa warrant tuarrest a person. of'the negist!yufen//nun/tion vendors. (7) When a provider of electronic oommunioation service �) Thefeesreceived or ,emote computing service has records or evidence' as artic/e shall be deposibed /n the Annnnun/tion Vendors specified in Section 1.5243, showing that property was Special Account, which/shenebycreated. Notwithstanding stolen or embezzled ounytitutinQ a misdemeanor, or that Section 23,340 of the Government Code, the revenue /n property or things are in the possession of any person with bhe hynd is continuously a �a/ed for use by the the intent to use them as a means of committing a deparbventfbrthepurpuxeof' /ennenting, administering misdemeanor public offense, or in the poysessiun of and enforcingms/ons of this article-, and fb/ another tovvhomheorahe may have del iverad them forthe collectingand/na/nta/nI;qgl;n/bnnadonaub/n/tbydpursuant purpose ofconceo|inQthem or preventing their discovery. /r Section 3O352. (8) When the property o, thin8s to be seized include an �) The revenue /n the f7neanxu Safety and Enforcement item or evidence that tends to show violation of Spac/a/Fund shall also be available upon appropriation to Section 37OC.5of the Labor Code, or tends to show thata t6e department for the purpose o/ inplen/entiqEr and particular Person, has violated Section 3700.5 of the Labor enforcing the provisions ofbhiyarticle. Code. 30395. (a) The Department of Justice is authorized to (9) When the property or things to be seized include a issue ammunition vendor licenses to applicants who the firearm or other dead!yweapon at the scene- of, oratthe department has determined, either as an individual or a premises occupied o, under the control of the person /espona/b/e person, are not prohibited �n/n possessing, arrested in connection with, a domestio violence incident oyce/�q� own�!� o, p h 3/nnnun/�mn under involving a threat to human life or a physical assault as subdivision (aJ of'Section 30305 or fedens/ /amw, and who provided in Section I8250. This section does not affect provide a copy of /3. business 'license warrantless seizures otherwise authorized by required by local government, a valid sellers Permil. issued Section I8250. by the State Board of a hydexs/ fireanns (IC) When the Property or things to be seized include license /f the person /s federally licensed, and acertificate firearm or other deadly weapon, that isowned by. orinthe ofe/�ib/�b/�suedby the department. possession of, or in the custody or cunt,u| of, a person (b) The deparbnent shall keep by of a// licensed described in subdivision (a) of Section 8102 uf the Welfare ammunition vendors. Law enfoncenrentagencies shall be and Institutions Code. Text ofp,uposox Laws 1 173 TEXT DF PROPOSED LAWS PROPOSITION G3CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (ll) Whcan the hi be seized include a (e), or (D uf Section 555 of the Harbors and Navigation nrearm that is owned by, or in the possess/on of, or in me C000. custody or oontm| of, a person who i ~ Section `s subject to the ii) The person from whom the sample is being sought has prohibitions regarding firearms pursuant S ti 5389�~'' refused an ofiicer's request to submit to or has fai|ed to of the Family 'Code, if a prohibited firearm is poysessed' uomp|ete a blood test as �quired by Sect 655 l of the owned, in the custody of, or controlled by Pero»» against Harbors and Navigation Code ^ � whum a protective order has been issued pursuant to � Section 6218 of the Family Code, the person has been (iii) The sample will be drawn from the person in a lawfully served with that order, approvedand the person has failed to reasonable, medically approved manner. relinquish the firearm as required by law. �sparagraphsno intended oamQaeacuu 's (I2) When the information to be received from -he use of mandate to determine the propriety of the 'issuance of o a teokinQdem|oe constitutes evidence that tends tushow search warrant on acas*by+oase basis. that either a fo!ony, a misdemeanor violation of the Fish (b) The prope�y, things, person, o, persons described in and GumeCode o, amisdemeano, vio|ationofthePub|io ` � subdivision (a) may be taken on the warrant from any Resources Code nau been committed oris being committed, place, or from any person in whose Possession the prop*�y tends to show that a padiou|ur pecuon has committed u or things may be. felony, a misdemeanor vio!ation of the Fish and Game Code, or misdemeanor violation of the Public Resources (c) NotwithstandinQ subdivision (a) or (b), no search Code, or is committing felony, a misdemeanor violation warrant shall issue for any documen�ary evidenoa in the- of the Fish and Game Code, or misdemeanurvio!ation of possession or underthe control of any who is o the Fub|io Resources Code, or will assist in locating an lawyer aydefined in Section 950 of the Evidence Code, a individual who has committed or is committing a felony, a physician as dehned in Section 990 of the Evidence Code, misdemeanorviu|ation of the Fish arid Game Code, or a psychotherapist as defined in Section IOlD of the misdemeanor violation of the Public Resources Code. A Evidence Code, or member ofthe clergy as defined in tracking device search warrant issued pursuant to this Section 1030 of the Evidence Code, and who is not paragraph shall be executed 'in a manner meehnQ the reasonably Suspected of engaging or ha:in8 engaged in requirements specifiedin subdivision (b) of Section 1534. criminal activity re|ated to the documentary evidence for which a warrant iyrequested un|essthe following procedure (I3) When a sample of blood of person constitutes ' has been oomp|iedwith: evidence that tendsto show a violation of Section 23140' 23l52, o, 23l53of the Vehicle Code and the person from (l) At the flmeofthe issuance of the warrant, the court vvhom the aampie is being sought has refused an officer's shall appoint u special master in accordance with request tosubmit to, ur has failed to complete, a blood test sill bdivision (d) toaccumpany the person who wii| serve the as required by Section 23612 of the Vehicle Code, and the warrant. Upon service of the warrant, the speuia! master sampie will be drawn from the person in a reasonable, shall inform the Party served of the specific items being medically appmvedmanner This aph |onotintended sought and that th� party sha|| hava the Opportunity to to abrogate a oourt'y mandate todeterminathe propriety of provide the items requested. If the party, in the judgment the issuance of a search warrant on a case-by-case basis. of-the spocial master. fails to provide the items requested, (l4} BeQinninQ January I, 2Ol6, the property or things to the special maste, sha|| conduota search fo, the items in be seized are firearms or ammunition or both -hat are theareas indicated in the search warrant. owned by, in the possession of, or in the oustodyurcontru| (2) (A) If the party who has been served states that an of person who iy the subject ofagun violence restraining item or items should not be disclosed, they shall be sealed order that has been issued pursuant to Division 3.2 by the special master and taken to court for hearinQ. (commenoinQ with Section I8lOC) of�t|e2ofPa� 6 if' (B) At the hearing, the party searched shall be entitled to prohibited fi/ea,m u/ ammunition o, both is possessed ' owned in the ou/�odyof or by peraon against 'a|ua a»y issues that may be raised Pursuant to ' ' Section I538 5 as well as a claim that the item or items whom a Qun violence restraining order has been iasued � the penson has been lawfully served that orde�--- are Pri»i|eGed, as provided by iavx The hear|n� sha|i be -''- held inthauuperior�ou� Theoou�shall provide sufficient the person hasfai!edtu relinquish thefirea�m as required � bylaw. time for the parties to obtain counsel and make motions or present evidence, The heann8sha|| be held within three. (15 Beginning JanLiary 2 2028[ the bhingsbO days of the service of the.warrant Unless tile court makes a seized seeo / ou noe u nreunn /no/ /s ommby,eo � or /n the finding that the expedited hearing is imprauticab|e. In that possessionof, or/n the cusbodyur control of, a person who ouse, the matter shall be heard at the earliest possible /u subJect to the prohibitions oeguaoliqE, treannupucyuanf time, to Section 29900 or298O5, and the count has nnade a find,ilg Pursuant to paxeggraph (J) of «uboY-vi«/un (c) of (C) If an item or items are taken to court for a hearing' any Section 2g82D that the person has failed ho^e//nqu/sh ;the limitations oftime prescribed in Chapter (commencing firyann eonaquiredbylaw with Section 799) of Title 3 of Part 2 shall be tolled from the time of the sei�ure un�i| the final conclusion of the 4E� (26) When the property or things to be seized are hearing, including any associated writ or appellate controlled substances oradevice contrivance, instrument,' ' ' proceedin8s. or paraphernalia used for un!awluUy using oradministering a oontro||ed substance pursuant to the authority described (3) The warrant shall, whenever practicable, be served in �eotion lI472 of Health and SafetyCode� during nor ma| business hours. In addihon, the warrant shall be served upuna party who appoaroto have possession 461, iI71 (A) When a|! of the fu||owingaPP!y: or control of the items sought. If, after reasonable efforts, (i) A sample ofthe blood ofa person constitutes evidence the party serving the warrant isunab|etu locate the person, that tends to show a violation of subdivision (b), (u). (d), the special master shall seal and returnto the court, for 174 1 Text of pmpus,u Law, TEXT DF PROPOSED LAWS PROPOSITION G3CONTINUED determination by the court, any item that appears to be issue a warrant tosearch a person or !located in privi|eged as provided by law. another county if the person whose- identifyilig information (d) (I) As used in this section, a "special master" is an was taken or used resides inthe same oountyas the issuing oou� attorneywhoisomemberin800dstandinQoftheCo|ifornia . State Bar and who has been selected from a list ufqualified (k) T his section sha|| not be construed to create a cause of a�torneys that is maintainod by the State Bar pa�icu!ar|y action against any foreign or Ca|ifomia oo;porat|on' its for the purposes of conducting the searches described in officers, employees, agents, or other specified persons -for 'his uection� Theae a�orneyy aho|| aemo without providing |uca�ion information. compensation. A special master shall be considered a SEC, I0.2. Section 2793Oof the Penal Code isamended Public emp|oyee' and the govern monta| entity that cause('" to read: the search warrant to be 'issued shall be considered the employer of the special master and the applicable public 27930. Section 27545 does not apply to deliveries, purposesentity, for of Division 3.G (oummenuing with tmn� retureturnsers, or returns of firearms made pursuant to '--- Section 810) of Title I of the Government Code, relating to the fo||mwi rill Q: u|a|my and actions against public entities and public.* (a) Sections 18000 and 18005. employees. |n selecting master, the court ' (b) Division 4 (commencing with Section 1.8250) of Title make every reasonable eifort to ensure that the person 2 selected has nore|utionshipwith anyofthepa�ieyinvolved � in the pending matter. Information obtained by the speuia! (c) Chapter 2 (commencing with Section 23850) of master shall be confidential and may not be divu|Qed Division 11. except in direct response to inquiry by the court. (d) Sechons34DU5 and 340101. (2) In any case in whioh the magistrate determines that, e) Section2982(I after raasonab|eeffurts ha:a been madetoobtain a special master, a special master is not available and would not be SEC. 10.3. Section 2g8lOof the Penal Code iaamended available within a reasonable period oftime, the magistrate to read: may direct the pady seeking the order to conduct the 298I0, (a) For any person who is subject to search in the manner described in this section in lieu of Section 29800 o, 298O5 the ouu� shall, at the time the specia| master. judgment s impouad, provide on a form supplied by the (e) Any search conducted pursuant to this section by a DepartmentofJustioe, anotioetuthedefendantpruhib|ted special master may be conducted in a mariner that Permits by -his chapter fmm owning, purchouing, receivin8, the party serving the warrant or his or her designee to possessing' urhav�gu rider custody ur con tro|, any firearm. accompany'the special master asheor she conducts his o, The notice shall inform the defendant of the prohibition her search. However, that party or his or herdaai8nee may regarding firearms and include a form to facilitate the not participate in the search nor shall he o/ she examine transfer of firearms, |f the prohibition on owning or any of the itemu being searched by the apeoia| master possessing afirearm will expire n a da�as ifi d in �he except upon agreement of the party upon whum'the warrant court order, the form shall inform the defendant that heor haa been served. she may elect to have ilia or her firearm transferred to a (f) As used in this section, "documentary evidence" firearms dealer licensed pursuant toSection 29830, includes, but is not limited to, writings, doouments, (b) Failure to provide the notice- described in subdivision blueprints, drawings, photographs, computer printouts (a) is not a defense to a violation of this chapter. ' microfilms, X- ays, fims, diagrams, ledgers, books, tapes, (c) This section y/a8 be nePealed effective January J, audio and video recordings, films, and papers of any type 20I8, or description. SEC. 10.4. Section 298I0 is added to the Penal Code. (8) No warrant shall issue for any item or items described to read: in Section I070 Of the Evidence Code. 2982 � 0� ) (2) L¢mn conviction of any offense that (h) Notwithstanding any other !aw, no c!aim of attorney renders u person sub/ect. to Section 29800 or work product ao described in Chapter 4 (oommencinQwith Seubon "98O5, the person shaVrelinquish all h��nnoha Section 20I8.0I0) of�t!e4of Pa� 4of the CudoofCivil orshe owns, possesses, or has under his o/her custody or Procedure yhai| be sustained where thereis probable cause control/n the n/annar provided /n this section. to believe that the lawyer is engaging or has ongaQed in (2) The court shall, upon conviction of defendant for an criminal activity related to the douum�nta� ev|denoe for offense described/n subdivision(a), /nshoct the defendant which awanant is requested un!eas it is established at th* that he or she is proh:bited i n ow �� purchasing,mhearn8 with ras o the documentary evidence seized receiving, under the warrant that the services of the lawyer were not '^'a' possessing, ~' ''~''''� ~''~~ '^~~ ''~ custody control any firearms, d�n and a/nrnun�uxn sought or obtained to callable or aid anyone to commit or feed�l� devices, including� ~'''''~~^ ''^ot �/limited to magazines, plan to commit a crime o, afruud. andshaVondere defendant to relinquish a0 �nea�ns in �` U> Nothing in this section 'is 'intended to limit an attomey's the manner provided /n this section. The court shall also ability to request an in-camera hearing pursuant to the provide the defendant with a Prohibited Pensona ho|dinQufthe Supreme Court of California in Peup|ev. Relinquishment Fbnn developed by the Department of Superior Court (Laff) (2001.) 25Ca|.4th 703. Justice. (j) In addition to any uther circumstance permitting a (3) Using the Prohibited Pe/sons Relinquishment Fbro/, magistrate to issue a warrant for a person or property in the defendant shall name a designee and grant the anuther oounty, when the property or things to be seized des for the purpose ofbanshening � . .._ - --_..-' conai�� ofony item o, constitute evidencetha� tend� to ofanyhireanna. The designee shall be either a show a violation. of Section 530.5, the magistrate may local law enforcement agency ora consenting third party Text ofp,uposox Laws 1 175 TEXT OF PROPOSED LAWS PROPOSITION 63 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- who is not prohibited trorn possessing firearms ,,,nder state the defencOnt has property compiled with the reaulrer-rients or federal law, The designee shall, within the tifne periods of this section by relinquishing, all firearms identified by specif,I ed in subdivisions(d)and(elf surrender the firearms the probation officers investigation or declared by the to the control of a local raw entOrCel-Inel,lt agency, sell the defendant on the Prohibited Persons RelinqUishinent firearms to a licensed firearms dealer, or transfer the Fotrn, and by thmely submitting a completed Prohibited ,fire,arros for, storage to a firearms dealer pUrSbiant to Persons Relinquishment For.m. The probation officer shall Section 29830, also report to the Department of.Justice on a form to be (b I The Prohibited Persons Relinquishment Form shall do developed by the department whether the Automated all of the following: YS Firearms System has been updated to indicate which (1) Inform the defendant that he or she is prohibited fron,, firearms have been relinquished by the defendant. o wn i I rig, purchasing, receiving,I possessing;. or having under (3.1 Prior to final dis'position or sentencing,in the case, the his or he., custody or control, any firearms, ammunition, court shall make findings concerning vvhether the probation and amroun" ,,, feedine devices. including but not fin, -1 lfi0 '. officer's officer's report indicates that the defendant has to magazines, and t hat he or she shall nquish all relinquished all firearms as required, and whether the t reli "- firearms through a designee within the time periods set court.- has received a cot-ripleted Prohibited Persons orth in subdivision (d) or (e) by surrendering the fif-earn7s Relinquishment Form, along with the receipts described in paraggraph (!) of subdivisioT7 (d) Cr paragraph (1 of LO the control of'a local law enforcernent agency, selling p subdivision (e). The court shall ensure that these findings the firearms to a 1,icensed firearms dealer, or tn3nsferring the firear.rns for storage to a firearms dealer pursuant1110 are included in the abstract ot.judgi-rient. If necessary to Section 0':;?830. avoid a delay in sentencing, the court may make and enter these findings within .14 days of sentencing. (2) Inform the defendant that any cohabitant of the 14) defendant who owns firearms must store those firearms in ( If f-f.,e court finds probable cause that the defendant- accordance with Section 25135. has failed to relinquish any firearms as required, the court Require the defendant to declare anv firearms that shall order the Search h for and removal of any firearms at (3) he any location where thy!judge has probable cause to believe or she owned, possessed, or had under his or her custody the defendant s firearms are located, The court shall state or control at the time of his or her conviction, and require with specificlitv the reasons for and scope of the search and the defendant to describe the firearms and provide all' seizure authorized by the order: reasonably available information about the location of the firearms I �S "(5) Faill"re by a defendant'., to timely file the completed to enable a designee or" enforcement OffiCOI to locate the firearms. Prohibited Persons Relinquishment Form-with the assigned probation officer shall constituic, an intraction punishable (4) Require the defendant to name a designee, 'i'f the by a fine not exceeding one hundred dollars ($-100), defendant, declares that. he or she owned, possessed, Of" had under his or her custody or,control any firearms at the (d) The fol owing procedures shaft apply to any defendant -'i time of his or her conviction, and grant. the designee power who is a prohibited person within the meaning of'paragraph of attorney for the purpose of transferring or disposing of (1) of subdivision (a) who does not remain I.17 custody at all firearms, any time within the five-day period following conviction: (5) Require the desigmee to indicate his or her consent to (1), The designee shall dispose of any firear.rns the the designation and. except a designee that is a 13W defendant owns, possesses, or has under his or her custod,y enforcement agency,'to declare under penalty of per/Ury or control within five clays of the conviction by surrendering that he or she is not prohibited frorn, possessing any the firearms -to the control of a local law enforcement firearms under state or federal law. agency, selling the firearms to a licensed firearms dealer, or,transferring the firearms for storage to a firearms deafer" (6) Require the designee to state the date each firearm pursuant to Section 29830, ;n accordance with the wishes was relinquished and the name of the par to "Y of the defendant. Anv proceeds frorn, the sale of the relinquished, and to attach receipts trorn the law firearms defendant, arn s shall become the property of the , dant, The enforcement officer or licensed fireari-ns dealer who took law entorcenent-officer or hcensed dealer fakingpossess!.017 possession of the relinquished firearnris. of any Tfreari-ns PUrSU3n1t to this subdivision shall issue 3 (7) inform the defendant and the designee of the obligation receipt to the designee describing the hrearn,'s and listIng tost.,bmit the completed Prohibited Persons Relinqi,iishment any serial number or other identification on the firearms at Form to the assigned probation officer within the time the time of surrender, periods specified in subdivisions (d)and(e), (2) It the defendant,owns, possesses, or has under his or (c') When a defendant is convicted of an offense her custody or control any firearms to relinquish, the described in subdivision (a), the court shall irpmedlatelv defendant's designee shall submit the completed assign the matter to a probation officer to investigate Prohibited Persons Relinquishment Form to Ile assigned whether the Automated Firearms System or other credible probation officer within five days followlagg the convict ion, information, such as a police report, reveals that the along with the receipts described in paragraph (1), of' defendant owns, possesses, or has under his or her custody subdivision (d) showing the defendants firearms were or control any firearms, The assigned probal.ion office,,- surrendered to a local law enforcement agency or sold or sha.i the defendant or the defendanf receive the Prohibited Persons Relinquishroent Form, transferred to a licensed firearms deafer. 11r, L 1,from ts designee, as (3) If the defendant-does not own, possess, or have under applicable, and ensure that the Automated Firearms his or her custody or control any firearmis to relinquish, he System has been pro,,-,e,,Iy updated to indicate that. the or she shall, within five days following conviction ction, submit defendant has relinquished those firearros, t the completed Prohibited Persons Rel.,nqufshanent Form to (2) Prior to final disposition or sentencing in the case, the the assigned probation officer, with .3 statement affirming assigned probation officer shall report to the court whether that he or she has no firearms to be relinquished. 176 1 Text of ProrYlsed Liaws TEXT OF PROPOSED LAWS PROPOSITION 63 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (e) The followi g procedures shall apply to any defendant or If I the defendant provides written notice, of an intent to who is a prohibited person within the l-neanine of paragraph appeal a conviction for an offense describe,]in subdivision (I)of subdivision i d visfon (a) who is in custody at any point within (a), or if the Automated Firearrins Systern indicates that the- Lh,e five-daY period fol.owing, conviction: firearm was reported lost or stolen by the lawful owner, if 0) The deAgnee shall dispose of any firearms the the firean-n was reported lost or stolen, the firearm shall be stored+ the lawful owner, as soon as its use as evidence defendant owns, possesses, or has under his or her custody re to or control within .74 daysof the conviction b surrendering has been, served, upon the lawfull owt7er's identification of y st idering the weapon and proof of ownership, and after the law the firearms to the control of a local law enforcernent enforcement, agencv has compiled with Chapter 2 the co agencY, selling I e firear ms I a licensed firearn7s deater, or transferring the firearrns for storage to a. firearrns dealer (c f M ncing with Section 33850) of Division 11 of Rtle I he agency shall notl fy the Department of Justice of the pursuant, to Section 29830, in accordance with the wishes i. ` of the defendant. Any proceeds from the sale of the dis.positi�nl 'of' relinquished firearms pursuant to firearms shall become the property of the defendant. The Section 34 010. 'awer7forcefper7-lof-,Iicero,,,i'icerised deafer tak't7gpossessl'ori (J) A city, county,. or City and county, or a state agency may of 3.nv firearms Dursuant to this subdivision shall issue a adopt a regulation, oirdinance, or resolution Imposing a receipt to the desigun,ee describing the firearms and listing charge equal to its administrative costs relating to the any serial number or other identificatfon on the firearms at seizure, zure, impounding, MPOUndir.,g, storage, or release of a firearm the time of surrender pursuant to Section 33880. (2) if the defendant owns, possesses, or has under his or (k) This section shall becom , operative o January y her custody or control any firearms to relinquish, the 2018. he:defendant's designee shall submit the completed SEC. 11. T it of Firearr-ris. Prohibited Persons Relinquishment Form. to the assigned -n i .7 4 d,3 following conviction,probation officer; within Y-13 , SEC. 1 1. Section '90.2 of the Penal lode is amended alone with, the receipts described in paragraph (1) of to read: subdivision (P) showing the defendant's firearms were (a) Notwithstanding Section 487 or any other provision of surrendered to a local law enforcement agency or sold or law defining grand theft, obtaining any property by theft transferred to a licensed firearms dealer. where the value of the money, v, labor, real or personal (3) If Me defendant does not own, possess, or have under property taken does not exceed nine hundred fifty dollars his or her custody or control any firearms to relinquish, he ($950) shall be considered petty theft and shall be or she shall, Within 14 days following conviction. submit punished as a rnisclerneallor, except that such person may the t nstead be punished pursuant to subdivision (h) of completed Prohibited Persons Relinquishment Form to 1 " Section 1170 if that person has one or more prior the assigned probation Officer, with a statement aftirm,'n that he or she has no firearms to be relinquished, convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e' of (4) It: the defendant is released from custody during the Section 667 or for an offense requiring registration 14 days following conviction and 3 designee has not yet Pursuant to subdivision (c) of Section 290. taken temporary possession of each firearm to be (b) This section shall not be applicable to any theft that relinquished as describe,] above, the defendant shall, within five days following his or her release, relinquish may be charged as an infraction pursuant to any other provision of law. each firearm required to be relinquished pursuant to paragraph (I)Of subdivision (d). (c) This section shall not applY to theft of a firearm- (f) For good cause, the court may shorten or enlarge the SEC. 11.2. Section 29805 of the Penal Code is arnel-ided t; e per iods riods specified in subdivisions (d) and (e), enlarge, to read the time period specified in paragraph (3) of subdivisiOl' 29805. Except as provided in Section 29855 or (c), or allow an alternative method of relinquishment. Subdivision (a) of Section 29800, any person who has (g) The defendant shall not be subject to prosecution for been convicted of a misdemeanor violation of Section 71, unlawful possession of any hrean-ris declared on the 76, 136.1, 136.5, or 140, subdivision -(d) of Section 14.8, Prohibited Persons Relinquishment Form if the firearms Section 171b, paragraph M of subdivision (a) of are relinquished as required. Section 171c, 171d, 186,28, 240, 241, 242, 243, L (h) Anv firearms that would otherwise be subject to '43.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, relinquishment, by a defendant under this section,, but 417, 417.61 422, 626,9, 646.91 or 830.95, Subdivision which are lawfully owned toy a cohabitant of the defendant. (a) of former Section 121.00, as that section read at any tirnefrorn when it was enacted by Section 3 of Chapter 1386 fromrelinquishment, f t i shall be exempt i provided the o .1 e Stah tes o* 1988 to when it was repealed by-Section defendant is notified that the cohabitant must store the i 8'o'-1 C I i a p't e r 2 3' of-the Statutes of 1994, Section' 17500, I'ire, Li arrn in accordance with Section 25.1,35. 17510, 25300, 25800, 30315, or 32625, SUbdivision (I) A law enforcement agency shall Update the AUITOMated (b) or (d) of Section 261,00. or Se,fion, 27510, or . I I . Section Firearms SIVIStem to reflect any firearms that were Section 8100, 8101. or 8103 of the Welfare and re,linquished to the agency pursuant to this section,A law Institutions Code, any firearm-related offense pursuant to enforcement agency shall retain a firearm that was Sections 871.5 and 1001.5 ofthca Welfare and Institutions relinquished to the agency'pursuant to this section for 30 'Code, Section 490.2 if the property taken was a h I rearim, or I i 'ion 27590, days after the date the firearm was relinquished. After the oftheconduct punished in Subdivision(c)ofSect 30-day period has expired, the firearm is subject to and who, within 10 years of the conviction, owns, destruction, retention, sale or other transfer by the agency , purchases, receives, or has in possession or Linder custody stody except uponthe certificate of a judge of a court of record, or control, any firearm' is guilty of a public offense, which or of the district attom e'v of the count;; that the retention shall be punishable by imprisonment in a county Jaill not of the firearm is necessar justice},y or proper to the ends of ;ustice, exceeding one ycear or in the state prison, by a fine not Text of Proposal Laws 1 177 TEXT DF PROPOSED LAWS PROPOSITION G3CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- exueedin8onethousand do||ars ($l'CD0). or byboth that of California or the Supreme Court of the United States. imprisonment and fine, The court, onfonns prescribed by The reasonable fees and costs of defending the action the Department Of Justice, shall notify the department of shall be charge oil, funds appropriated to the Department persons subject to this section, However, the prohibition in of Justice, which shall be satisfied promptly. his section maybe neduced, e|iminatod, orconditiuned as provided in Section 29855ur2886O. PROPOSITION 64 SEC. 12, Interim Standards. This initiative measure is submitted to the people in Notwithstanding the Administrative Procedure Act (ARA)' accordance with the provisions of Section 8 of Article || of and in order tofaui|itatethe prompt 'implementation of tile the California Constitution. Safety for All Act of 201.5 the Ca|ifomia Department of Justice may adopt interim 'ytandards vvithout uompl|anue �his initiativemeayureamendu� repeals, and adds sections to the Business and Professions Code the Food arid with the prooedures set fodh in the APA The inte/im ' � Asriuu|�uua| Code the Health and SafetyCode the Labor standards shall remain in effect for no more -than two - ' ' Code the and years and may be earlier superseded by regulations ' ' ' adopted pursuant �o -he ARA "Interim standards" means therefore, exiutinprovisions proposed to be deleted are ^ � printed in new provisions proposed tu be temporary standards that perform the yame funotion as ~^''^^~~' '�r^�''~ ^eme y ne8u!ationa" under the Administrative added one printed in italic type to indicate that they are ~ Fruuedure Act (Chapter 3.5 (oummenoinQ with new. Section II340) of Part I of Division 3 of Title 2 of the Go:emmentCoda). except that in order to Provide greater PROPOSED LAW opportunity for public comment on permanent reQu|ations' SECTION Title. the interim standards may remain in force for two years This measure shall be known and may be cited as the rather than l8O days. Contro[ Regulate and Tax Adult Use of Marijuana Act ("the SEC. 13, Amending the Measure. Adult Use of K8a,iivana Act"). This Act shall be brood!y construed to auoomp!iuh its SEC, 2. FindinQyand Deo|arat|ons. purposes. Thepmviy|onsofthismeaouremaybeamended� P Currently in California, nunmedica| mahjuana use is of55 of members house of � -' - '-'- '---'' unnaQu ated untaxed and occurs without any consumer ur the Legislature and signed by the Qovemorso |on8aaauch ' ' ' amendmentsare- -� with and fu�herthe intent of environm*nta| Pn±eohons. Th* Cont,u| Regu|ato and Tax — consistentAdult Use of Marijuana Act will leQa|ize marijuana for this Act. those over 21 years old, protect uhi!dnen, and e-ab|iah SEC. 1.4, Conflicting Measures. laws to regulate marijuana cultivation, distribution, sale and arid willprotectCa|ifornianaandtheonvimnmen� (a) |ntheeventthatthismeaouvaandanothermeayureun ' The same subject matter, including bu- no- limited to the from potentiai clangers. it establishes the Bureau of regulation of the sa|e or possession of firearms or Marijuana | within the Department of Consume, ammunition, shall appear on the same statewide ballot, Affairs to regulate and license the mar|mivana industry. the provisions of the other measure or measures shall be B. Morijuona is currently legalin our state fo, medical use deemed to be in conflict with this measure. In the event and illegal for nonmedical use. Abuse of the medical that this measure receives greater number of affirmative marijuana system 'in California has long been widespread, votes than a measure deemed to be in conflict with it, the but recent bipartisan legislation signed by Governor' Jerry provisions of this measure shall prevail in their entirety Brown is eytob!ishin8 o comprehensive r ! t scheme and the other measure or measures shall be null and void. for medical rnarijuaria. Tlhe Contro|. Reou ate'and Tax (b) If this measure is approved by votersbut Superseded Adult Use of K8a,iivanaAot (hereafter called the Adult Use by law by any other conflictin8 measure approved byvoters of Marijuana Act)will consolidate and atream!|neregulation at the same election, and -he conflicting ballot measure is and taxation for both nonmedical and medical marijuana. iater held invalid, 'this measure shall be self-executing and C. Currently, marijuana growth and sale is not being taxed given fu|| fo,oeond effect. bytheSta-eof California, which means our state ismissing SEC. 1.5, Seve,abi|ity. out on hundreds of millions uf dollars :in potential tax revonueeveryyea� TheAdu|tUsoof �8ari�uanaAotwi|| tax If any provision of this meayure' or partofthia measure, or both the growth and sa|eofma"ri -- - -genenate hundreds the application of any provision o, part to any person o, f — o millions of annually. - revenues will cover the circumstance, is for anyireauon he|id to be invalid or -ring the new v || provide fundscost of adminiyte | | unconstitutional, the reman�gpmvisons' or applications to- invest in pub|ic health programs -- t educate youth to of provisions, shall nc- boa�oc±ed but shall remain in full prevent and treat serious substance abuse; t:ain local law force and effect, and to this end the provisions of this enforcement to enforce the new |aw with - focus on DU ' | measuneaveaeverab|e� enforcement; invest in communities to reduce the illicit SEC. 1.6, Proponent Standing. market and create job opportunities; and provide for Notwithstanding any other pmvision of law, if the State, environmental deanu and restoration of Public lands government agency, uf its officialsfai| t defend th damaged by illegal cultivation. constitutionality of this Act, to|!mvin0 its approval by the D Currant| hi|d d th of l8 N /� as voters, anv other government employer, the proponent, or easily purchase marijuana on the black market as adults in their absence, any citizen of this State shall have the can. By !ega|izin8mari]uana' the Adult Use- of K8ar| uana authority to intervene |n any court action challenging the AotwiUinoapadtatethe black market/ and move ma,iivana constitutionality of this Act for the purpose of defending purchases into a legal structure- with strict its oonotitutionaUty, whether such action is in trial court, against children accessing it. The Adult Use of K8aniijana on appeal, or on discretionary review by the Supreme Court Act prohibits the aa|a of nonmedical marijuana to those TEXT DF PROPOSED LAWS PROPOSITION G4CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- under2lyearso|d, andpnmideonewreyouncastoeducate Cultivation |ioensesfor the first five years. The Adult Use of youth against drug abuse and train local law enforcement Marijuana Act also protects consumers and small to enforuethe new law. It bars marijuana buaineuaeyfmm businesses by imposing strict anti-monopoly restrictions being located within 600 feet of schools and other areas for businesses that partioipatein the nonmedioa| mari,ivana where children congregate It estab!ishes mandatory and industry. strict pachaging and |abe|in8 requirements for i nu SEC. 3� Purpose and Intent. and marijuana products. And it mandateuthat i na and mar|`uana products cannot be advertised or marketed �h e DUrIDOSe of the Adult Use of Marijuana �owarduohi|dren. establish a comprehensive system to |eQa!/ze, control and vagdate the uu|tivation process;rig, manufaoture E, There are currently no |awo 8oveming adult use distribution, testing and `a|e of nonmedical ica| marijuana' marijuana businaayeu to enaure that they operate in including ari�ana'pmdu�ts for use by 2I year` accordance with existing 'California laws, Adult use of ''' products, ~ ~ and o|der, and to tax the commercial growth and retai| sale marijuana may only be accessed from the unregulated 'illicit k The Adult U f K8 i of marijuana. It is the intent of the people in enacting this ~ ^ '''~' ~^ � ~ ^ ~� ~ ~' '~ '``` ~~^^ ~r ~ act to accomp|ish thefuUmwin8� � comprehensive i marijuanabusinesses the state level and |uoa| control, allowing local! (a) T-ake nonmedical marijuana production and sales out governments to regulate marijuana-related activities, to of the handy of the iUe8al market and bring them under subjeot marijuana businesses to zoning and permitting regulatory structure that prevents access by minors and requirements' arid to ban ma,iivana businesses by u vote protects public safety, public hea|th, arid the envimnment. of the people within a locality. (b) Strictly control the cu|tivution, processing' F. Currently, illegal marijuana steal r divert manufacture, distribu�ion. �es ing and sale of nonmedical millions of gallons of water without any accountability. The marijuana through a system of state licensing, egu|ution, Adult Use of K8arijuana Act will create strict environmental and enforcement. re8u|ationsto ensure that the mari]uanais efficiently (c) A||mx local governments to enforce s-ate |avm and and legally, to regulate the use of pesticides, to prevent regulations fur nonmedical marijuana businesses and wasting water, and ^" """""'z=water "" enact additional local'! i ts fo, nonmedical of ','a''pa"a Act`w"' crack down on the "'eua' use of water marijuana businesses, but not require that they doyo for a and punish bad acturs, while Providing funds to nestone nonmedical i tobo issued ou�telicense |andsthat have been dama�ed by i|�8a| marijuanaQmws� and be legal — —'--- |f a business does not demons-rate they are in fuU Under— state law. compliance with the applicable water u and (d) Allow local tato ban nonmedical mari]uana environmental |aws, they will have their license revoked. businesses asset forth in this act. G Currently, the courts are clogged with cases of (e) Require track and trace manaQement pmCeduns to violent drugof#enseu. By legalizingmarijuana. -he Adult track nonmedical mari]uanafrom cu|ti*otion to sale. Use of Marijuana Act will aUeviate pressure on thecou�y' (f) Require nonmedical manjuana to be comprehensively but con�inuo to a!!mw pn�ecu-ora to ",charge the most tested by indetesting pendentforthe presence oi serious mar|.luana-na|ated offenses as felonies, while contaminants, m including d and pestiddes, before it /educinQthepena|tiesfo,minor marijuana-related oifensey -,an be sold bylicensed businesses. au set forth in the act. (8) Require nonmedioal marijuana sold by licensed H, By bringing marijuana into a regulated d legitimate businesses to be packaged in child-resistant containers market' the Adult Use of Marijuana Act creates a and be labeled so that consumers are fully info,med about 4- transparentandaocountab|e system. This will help po|ice potency and the effects of ingesting nunmediva| marijuana. crackdown on the underground b|aok market that ourrent|y benefits vio|ent drug cartels and t,ansnatiuna| Q�n�s (h) Require licensed nonmedioa| mari uana businesses to which are making billions from marijuana �ra�ic�in8 `~` follow strict environmental and product safety standards arid as a condition of maintaining their license. . i The Adult Use of Marijuana Act creates acomprehensive U) Prohibit the sale uf nonmedical mo,ijuonabybusinesses that a|ooho| ortobac�o regulatory st ct i hi h ij b i i . overseen by specialized agency with relevant expertise. (J) Prohibit -the marketing and advertising of .nonmedical The 8ureauuf Marijuana Control, housed in the Department marijuana to persons younger than 21 years old or near of Consumer Aflairs, wlx oversee the n | schoo|uorother places where children are present. ensure^ ' � ~^'~`^^ transition' ^ ^~ ~'` legal ^'~^`~^' `~^^ k) Ste' n8th^en~the state� existing ~medical marhuanalicenses issued beginning in 2OID� The Department of b system y'~�~|^i^gpatients ~ obtain Consumer Affairs will also license and oversee mahjuana ~ new recommendation from'their physician '~^ meets'the retailers' distributors' and miumbusineasey. The h standards signed | in2Dl5 Depa�ment of Food and A8ricu|ture will license and strict ~ ' ~e' ^~ ~~ ' and by providing .new privacy protections for patients who oversee mar;1 Liana cu|timtion,ensuhngitisenvimnmenta||y safe. The State Dapa�mentof Public Health will license obtain medical marijuana identification cards as set forth and oversee manufacturinQ and tetin2, ensurinQ in -his act. oonsumera receive a safe product. The State Board of (0 Permit adults 21 years and older to use, possess, Equalization will collect the speoia| manjuanatuxes. and purchase and grow nonmedical mah]uana within defined the Contm||er will allocate the revenue to administer the limits for use by adults 21 years and cider asset forth in new law and provide thefunds tourit|oai investments. this act. J. The Adult Use of Marijuana Act ensures the nonmedical (m) Allow local governments to reasonably neQu|ate the marijuana industry in California will be bui|t around sma|| Cultivation of nonmedical marijuana for personal use by and medium sized businesses by prohibiting large-scale adu!tu 21 years and older through zoning and other local TEXT DF PROPOSED LAWS PROPOSITION 64:8NTINU0 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- �|awo, and un|yto ban outdoor cultivation as�tfurh � act. marffuana to prepare topical'cr oral acrninistrationo food, (n) Deny access to marijuana by persons youn8arthan 21 "''''"' or other" product." ^ years old who are not medical marijuana patients. SEC. 4.2. Section II0I8.1 is added to the Health and (o) prohibit the consumption of marijuana in a public Safety Code, to read: place unlicensed for such use, including near K—I2 JJ02f[2. Marijuana Products. schools and other areas where children are present. ''ManJ/a " means marijuana that has undergone (p) Maintain existing laws making it unlawful tu operate a a process whereby the plant-material has been hanyhorrned car or other vehicle used for transportation while impaired into a concentrate, including but not limited to, by marijuana. concentrated cannabis, or an edible or topical product k0 Prohibit the cu!tivation of marijuana on pub!io lands or /» /nan/u3na or concentrated cann3b/o 3nd other whi|e trespassing on private lands. '''«'="'=^s. SEC. 43 Section llOI82 is added to the Hea|th und (r) Allow public and Private emp|uyeoto enact and enforce � 4.3. . workplace Policies pertaining to marijuana. Safety Code, to read: (y) Tax the Qrowth and sale of marijuana in a way that 11028,2. Marijuana Accessories, drives out the illicit market for marijuana and discourages "'MariJuana, accessories" means a�yequ products uuebyminora. andabuuobyadu|ts. ornnahenalyof any kind which are useu( intended �ruse, (t) %Genera-e hundreds of millions of dollars in new state or designed for use in planting, propagating, /ti revenue annually for restoring and repairing 8 the growing, harvesting,«yhaharvesting, ///ya»u/a^tu///e/' cm»p»»//u//vy'environment, youth treatment and prevention, community cm/�*vu/vy +"ouuc//vy +"oc�uu/' investment, and law enforcement. analyzing svoux//'«, (u) Prevent illegal production or distribution of marijuana. inhaling,~ ~ otherwise introducing' na�' na or for ~rij u an, ~ (W Prevent the i!|e8a diversion of marijuana from products into the human body. California to other states or countries or to -the i!|e8a| SEC. 4.4. Section 11362.1 is added to the Health and market. Safety Code, to read: (w) Preserve scarce law enforcement resources to prevent 2I3 � 2 '�bct to Sections 22362.2, 11362.3, and prosecute violent crime. 2I362,4, and JJ34� but notwithutsnd�� any other (x} Reduce ieQa|, regulated pnov�s/on of /aw| it shall be lawful under state and local market. i/wi and shall not be a violation ufytata or local bmK for peroons�I }ea/nof�� cru/derbu�� (y) Requiraminorawhocommitmari]uana-re|atado�ensea �o comp!ete d,ug prevention education o, counye!ingand (2/ Possess, process, transport, purchase, obtain, or give, community service. aw«g/ to persons 21 years of age or older without any compensation whatsoever, not more than �85 grams of (z) Authorize oou�s tu resentence perauns who are ^�^^~~ � currently serving a sentence fur offenses for which the /nanyuanano�/nihefonnofconcenhabedcann�b/s� penalty is reduced by the act, so |onQasthe parson does (P) Possess, process, hanuport purchase, obtain, orgive not pose a risk to pub!io safety, and to redesignate or away to persons 2-1 years of age or older without any dismiss such offenses from the criminal records of persons col77pensation whatsoever, t more than eight graros of' who have completed their sentences as set forth in this nnan/uan3 in the form of'concentrated cannabis, /nc/udinIc act, as contained/nno3n/u3naproducts; (aa) Allow induytria| hemp to be grown as an agricultural (31" Possess, p/ant cultivate, harvest, dg< or process not product, and for agricultural or auademio research, and more than six //v/ n/ ana plants and possess the regulated separately from the strains of connabis with nnan/uana produced by the p/anbs; higher de|ta-gtetrahydrooannabinu| concentrations. (4) Smoke ormggeyt-rnanYuanaornnan/uanaproduubs; arid SEC. 4. Personal Use, (5) Possess, transport,purchase,obtain, SEC, 4.1, Section lIOI8of the Health and Safety Code or give away marijuana accessories br persons 22 years of |oamendedturead: age or older uithoutanyco/npanoationwhatsoever I1018. Marijuana. (b) Paragraph (5) ofsubdivision (a/ /s intended bo /neet "Marijuana" meany ai| partsofth� piant Cannab|syativa the requirements of subsection (9 of Section 863 of 77Me�JoftheUn//ed�/a�sCodei22USCSec8�J�V L' whether 8rowing or not/ the seeds theraof/ the resin U. , , . ex±,acted from any part of the p!ant; and every oompound, b�a thdersbehe /aw| any person /n compliance manufacture., salt, derivative, mixture, or preparation f with_this secbnn to manufacture, possess, ur �y�d�ube the plant, its seeds urresin. It does not include the rnature /narquana acueasor!ea. Stalks of the plant, fiber pradHeed frang --he Stalks, aii (c) Marijuana and marilivaria products /nxo/me6/nanywsy eake madle from tilhe seeds of the plant, any rj with conduct deemed lawful by this uechon are not of contraband nor sub/ectbo seizure, and no conduct deemed /awf// by this section shall constitute the basis hor thereffern), fi�ef, oil, of eake, or the qter.liyed seed of detention, search, orarrest. ineapable of / SEC. 4.5. Section I1362.2 'is added to the Health and (a) /nduatria/henrip, aa defined in Section 120I8.5; or Safety Code, to read: 180 1 Text of pmpuseu Law, TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 11362,2. (a) Personal cultivation of marijuana under (4) Possess an open container or open package of paragraph (3) of subdivision ivislon (a) of Section 11362.1 is marijuana or marijuana products while driving, operating,, subject to the hoflol.Aling restrictions: or riding in the passenger seat or compartment of a motor (1) A person shall pl3n,t, cultivate, harvest, dry, or process vehicle, boat, vessel, aircraft, or other vehicle used to,, plants in accordance with local ordinances, if any, adopted transportation. in acaccordance with subdivision (b). (5) Possess, smoke or ingest nriarijuana or marljuana, (2) The livine P13. nts and any marijuana produced by the products in or upon the grounds OT a school, day care enter, or youth center while children are oresenit. plants In excess of 28.5gramsare kept within the persons C private residence, or upon the grounds of that private (6) Mar.,ufacture concentrated cannabis using a volatile residence le.&, in 317 outdoor garden area), are in a locked solvent, unless done in accordance with a license Linder space, and are not visible by normal unaided vision from a Chapter 3.5 (commencing with Section 19300) of public place. Division 8 of, or D ,Division .70 of the Business and 1 1(3) No.t more than six living plants may be planted, Professions Code. cultivated, harvested, dried, or processed within a single (7) Sr.r7oke or ingest marijuana or rnarijuana products private residence, or upon the grounds of that private 'while driving, operating a motor vehicle, boat, vessel, residence. at one time, aircraft, or other vehicle used for transportation. (b) (I A city county Or City and count, Ingest 1-1,73riit,13na or marijuana products I y may enact and 68) Smoke or Inge-I I I enforce reasonable regulations to reasonably iregulate the while riding in the passenger seat or col-npartment of: a actions and conduct in paragraph (3) of Subdivision (,a) of motor vehicle, boat, vessel, aircraft, or other vehicle used L 0 7 e Section 11362.1, for transportation except as permitted on a motor vehicle, (2) Notwithstanding paragraph (1), no city, county, or cite` boat, vessel,aircraft,or other vehicle used for transportatiOl" '200,0f the i that is operated n accordance with Section 26. and county may completely prohibit persons engaging in Busi,,es 'b e 170 persons un,s and Pro, ssions Code and whil der the actions and conduct tinder paragraph (3) of f the age of 21 years are present. subdivision (a) of Sect 1 Section .7 362.1 inside a private I t i'dence, or inside an accessoty structure to a private (b.) or pt of this section, `day`care center"has the e s F 1,Doses residence located upon the grounds of a private residence same meaning as in Section 1596.116. that is ful.fY enclosed and secure, (c) For purposes, of this section, "smoke"me317StO inhale, (3) Notwit-f.,standing paragraph (3) of subdivision a) of exhale, bum, or carry any lighted or heated device or pipe Section 11362.1, 3 City, County, or city and county may or any other lighted or heated marii:uana or marijuani; , completely prohibit persons from engaging, in actions and product intended for inhalation, whether natural or --onJ 3) of subdivision (a) of I synthetic, in any f-rianner or in any form. "Smoke""includes - ( uct Linder paragraph (- I I Section 11362.1 outdoors upon the grounds of a private the use of an electronic smoking, device that creates an residence, aerosol or vapor, in any manner or in an-v form, or the use of any oral smoking device for the purpose of circumventing (41) Paragraph (3) shall become inoperative ive upon a the Prohibition d-s'r-rioking in a place. ,4 'al'forn at determination by the C I ia Attorney General that nonmedical use of mariivana is lawful in the State of (d) For purposes of this section, "volatile solvent" means deralf law, and an act taken by a city,Cahfornia under federal ct volatile organic compounds, including. (1)explosivegases, countjy, or city and countV Under paragraph (3) shall be such as Butane, Propane, Xylone, Styrene, Gasoline, I Kerosene, 0,� or H2; and (P) dangerous poisons, toxins, ns, or 0 deemed repealed upon the date of such determination by At+the carci I nogens, such as Methanol, lso-propyl Alcohol, f ornev General. Methylene Chloride, Acetone, Benzene, Toluene, and Tri- (5) For purposes of this section, "Private residence" cliloro-ethylene. means a house,7ouse, an apartment unit, 3 mobile home, or iwel (e) For purposes of this section, "youth center" has the other s milar dling. same meaning as in Section 11353-7. SEC. 4.6. Section 11362.3 is added to the Health and 0_, Safety Code, to read: ( Nothing in this section shall be construed or Interpreted ame nd,end, repeal, affect, restrict, or preempt laws I I .11.362.3, (a Nothing in Section 11362.1 shall be pertaining to the Coi-npassionatte Use Act of 1996, construed to pen-nit any person to: SEC. 4.7. Section 11362.4 is added to the Health and (1) Smoke or ingest marijuana or marijuana products in Safety Code, to read: any public place, except if,accordance with Section 26200 11362.4. (a) A person who engages in the conduct of the Business and Professions Code. described in paragraph (I) of subdiv ision (a) of (2) Smoke marijuana or marijuana products in a location Section 1.1362.3 is guilty of an infraction ounishable by where smoking tobacco is prohibited, no more than a one hundred dollar($100) fine; provided, (3) Smoke marijuana or marijuana product,- within 1.000 however, L that persons tinder the age of 1.78 shall instead be et of a school, (Jay care .ceritte,' or youth center whale required to complete four hours of a drug education children are present at such a school, day care center. or program or counseling, and up to 10 hours of community,e Service,. o -to e 1, 9 youth center, except in or upon the grounds Of 3 PriMtover a period riot. exceed 60(lays once the dru residence or in accordance with Section 26200 of', or education program or counseling and coi-nmunity service Chapter 3.5 (commencing with Section 19300) of opportunity are made available to the person. Division 8 of, the Busin-ssand Professions Code and only (b) A person who engages in the conduct described in if such smoking is not detectable by others on the ground's paragraphs (2) through (4) of subdivision (a) of of such a school, day care center, or youth center while Section 11362.3 shallbeguiltycilan infraction punishablect' children are present, by no more than a two-hundred-fifty-dollair ($250) fine, Text of Proposal Laws 1 181 TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED unless such activity is otherwise permitted by State and (e) Laws providing that it'.- would .constitute negligence or local law, provided, however, that personsunder the age of professional malpractice to undertake any task while 18 shall instead be required to complete four hours of drug ifinPaired from smoking or ingesting marijuana ua,,.,a or marijuana education or counseling, and up to 20 hours of community products, service, over a period not to exceed 90 days once the druff iDlo ers to maintain a in l" The rights and obligations of public and DrhlOte education progran, or counseling and community service em and alcohol free workplace or I y 0 drug opportunity are made available to the person. require an employer to permit or accommodate the use, (c) A person who engages in the conduct described in cO.nsUmPtiO.n, Possession, transfer, display, transportation, paragraph 05) of subdivision (a) of Section 11362.3 shall sale, or growth of marijuana in the workplace, or affect the be subject to the same punishment as provided under ability of employers to have policies prohibiting the use of subdivision ic)or(d)of Section 11357. marijuana by employe es and prospective employees, or (d) A person who enzaaffps in the conduct described in prevent employersfrom .complying with state or t"derai 13"'/'paragraph (6) of subdivision (a) of Section 113(52.3 shall " be subject to punishment under Section 11370.6. (g) The ability of a state or local government agency to prohibit or restrict any of the actions or conduct otherwise (e) A person who violates the restrictions in subdivision(3)Of op '.-; n 1 1362.1 witi in a building owned,� rrridted under Sect 10 - Section 11362,2 is guilty of an infraction jounishabie by !eased, or oc m copied by the state or local government no more than a two-hundred-fifty-dollar($250) fine. agency. (f) Notwithstanding subdivision (et., 3 person under the (h) The ability Of 317 individual or private entity to prohibit age of 18 who violates the restrictions in subdivision (a)of or restrict any of the actions or conduct otherwise permitted Section 113652.2 shall be punished undersubdivis.,on("a,"Of under Section 11362.1 on the in,dividu3is Or entity'S Section 11358. privately owned property. (E,) I'i 1) The drug education program or counseling hours (i) Laws pertaining to the Compassionate Use Act of!996. rewired by this section shall be nandatory unless the CO SEC, 5. Use of Ma.,ijLjana for Medical Pwrposes, Lfrt makes a finding,that such a program or counseling is t-- gra unnecessary for the person or that a drug education SEC. 5.1. Section 11362.712 is added to the- Health L program or counseling is unavailable, and Safety Code, to read: The drug education program required by this section 11362,712, (a) Corrurier.,cingcf on January 1, 2018, a for persons under the age of 18 must be free to participant Li I ,must Ls qualified Patient must POSSeSS 3 physician's and provide at least four hours of gTrouo discussion r, of,- recommendation thatcomplies with Article 25(comroencing I.nstructiOr.,based on science and evidence-based principles with Section 2525) of Chapter 5 of Division 2 of the and practices specific to the use and abuse Oflrl3rijt,13na Business and Professions Code. Failure to comply With this and other controlled substances. requirementshall not, however,affectanY oftheprotections provided to patients or their primary caregivers by (h) Upon a finding of good cause, the court may extend tion 11362.5. the, c ,he firoe for a person to complete the drug education or S e counseling, and community service required under this (b) A county health department or the county's designee section. shall develop protocols to ensure that, commencing up-on January 1, 2018, all' identification cards issued pursuant SEC. 4.8. Section 1136-2.45 is added to the Health and to Section 11362.71 are supported by a physician's Safety Code, to read: rel-oi-nmenclation that complies with Article 25 11362,45, Nothing in Section 113621 shall be (corrurier.,c.,rigg witth,Section 2 5525)of Chapter 55 of Division 2 construed3 or ;interpreted to amend, repeal, affect restrict of the Bus'neSS and Professions Code. or preenript., -SEC. 5.2. Section 11362.713 is added to the Health (3) Laws making it unlawful to drive or operate 3 vehicle, and Safety Code, to read: boat., vessel or aircraft, while smoking, ingesting h names,Of" .7.7 362,713. (a) information Identifying the am.s, L impaired by, marijuana or marijuana products, inClUding, addresses, or social. SeCiLfritV numbers of patients, their but not limited to, subdivision (e)of Section 23152 of the medical conditions, or the names of their pri.triary Vehicle Code, or the penalties prescribed for violating caregivers, received ved. and contained in the records of the those laws, State Depatti-nent, of Public Health and by any county (b) L3VVS prohibiting the sale, administering, furnishing or public health department are hereby deemed "medical giving a wa 'ential;ty o y of mar�juana, mariJuana products, or marijuana ,nformation" within the meaning of the Confid I If accessories, or the offering to sell, adiministeir, furnish, or Medical Information Act (Part 2.6 (commencing with ts, or m Section 56) of Division I of the Civil Code) and shall not gibe 3V,13Y M3r11/tJ3na, mianjuana Produc, ar�jt,13na accessories to a person younger than 21 years of age. be disclosed by the department or by any county pUl",I)c health department except in accordance with the n 0 disclosure 0 ij(c) Laws prohibiting a person younger than 21 years of age restrictions n of individually identifiable from er, I gaging in any of the actiOnS Or conduct otherwise in,forMation under the Confidentiality" of Medical permitted tinder Section 11362.11. Information Act. (d) Lavfc, pertaining to smoking or ingesting marijuana.. or (b) Within 24 hours of receiving any request to disclose marijuana products on the grounds of, or within, any the name, address, or social security number of patient, facility or institution under the jurisdiction of the their medical condition, or the name of their primary Department of Corrections and Rehabilitation or the caregiver, the State Department of Public Health or any L')iv.1siO.r7 of Juvenile Justice, or on the grounds of, or within, county public health agency shall contact the patient and 317y other facility or institution referenced in Section 4573 .1riform the, patient of the request and it the request was of the Penal Code, made if, writing, a copy of the request. 182 1 Text of ProrYlsed Laws TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 'c) Notwit L'hstanding Section 56.10 of the Civil Code, SEC. 5.5. Section 11362.85 is added to'lip- Health and neither ither the State Department, of Public Health, nor an"v Safety Code, to read: -y, shall disclose, nor shall th I ,ey unty public: health agency 1-7362.85, Upon a determination by the California be ordered bY agency or court to disclose, the names, ,attorney General that the federal schedule of controlled addresses, or social security nutribeirs of patients, their medical conditions, or the names of their Dri I roary substances has been amended to reclassffy or declassify n7ariluana, the Legislature may atriend or repeal the caregivers, sooner than the 10th Jay after which the provisions of the Health and Safety Code, as necessary; to patient ,Alhose records are sought to be disclosed has been, -1- law to Such changes 'n federal law. , ,t3cted. conform. state,oil (d) No identification card application system or database SEC. 6. Marijuana Regulation and Saicaty, used or maintained by the State Department Of PLiblic SEC. 6.1. Division 10 (commencing wit!". Section county nes r, Health or by any count depart ti-nen,t of public health or the 26000) is added to the BLISH s and Professions Code, to county's designee as provided in Section 11362.71 shall read: contain any personal information of any qualified patient, DIVISION 10. fOARNUANA including, but not. limited to, the patient's name, address, social security number, medical conditions, or the names C,,iAPTF,? Z. GENERAL PROVISIG-NS AND DEFINMONS their of of, t 1 mary caregivers. Such an application system or 26000. (a) The purpose and intent of this division is to database may only contain a unique user identification establish a comprehensive systern to control and regulate number, and when that number is entered, the only tile cultivation, distribution, transport, storage, information that may be provided is whether the card is manufacturing,. processing, and sale of nonmedical valid or invalidi. /773riJU3n,a and mariJuan3 products for adults 21 years, of SEC. 63. Section 11362.755 of the Health and Safety age and over, Code is amended to read: (b) in the furtherance of subdivision (a), this division 11362,766, (a) The departn9ent shall establisin expands the power and duties of the existing state agencies applieatien an� renewal fees fer persens seeking to ebt responsible for controlling and regulating the medical or renewidentifieation earels that are suffieient to eover cannabis industry under Chapter 3.5 (commencing with expenses ffledrred bythe department, inekiddling the startup Section 19300) of Division 8 to include the power and te-s I'm duty to control and regulate the commercial nonmedical aeeam.an,Ile Witl9 SLJbdiViSi&n (b), tN.!q.e e8S-- 0_4 iF_'entifyift nari.j.uana industry. ridustry. -a-i4 davf_,Ierpt-iff a +11terttet W-eb-h-as-ed syqterfl and the e84 of maintaining county the 24-hatry health department or the in(c) 7 he Legislature may, by maJoirity vote, enact Paws to Each implement this division, ivisior.,, provided such laws are consistent telephone nLimibeF. with the purposes and intent of the Control, Regulate arid courity's designee may charge an ad"ditional a fee for all costs incurred by 'the county or the couinty's designee for Tax Adult Use of Marl'Juana Act. administering the program pursuant to this article. 26001. For purposes of this division,, the following (b,) In no event'.-shall the amount of the fee Charged by a definitions shall apply: countv health department exceed one hundred dollars (a) "'Applicant"means the following.. (S 1001)per application or renewal, 11 The owner or owners of a proposed licensee. "Owner" 4)� (c,) Upon satisfactory proof of participation and n eans all persons having (A) an aggregate ownership ehRibility in the Medi-Cal program, a Medi-Cal beneficiary interest("other than a security interest,lien,orencumbrance) shall receive a 50 percent reduction in the fees established of-.';'0 percent or more in the licensee and(B) the power to ,pursuant to this section. direct or cause to be directed, the M13nagc 0 ement or control (d) Upon satisfactory proof that 3 qualified patient, or the Of the- licensee. legal guardian of a qualified patient under the age of .187 0 If the applicant is a publicly traded company, "owner" i I s a medically indigent adult who is eligible for and includes the chief executive officer and any member of the participates icipates in the County Medical Services Program, the board of directors and any person or entity with an fee established pursuant to this section shall be waived, aggregate ownership interest in the company of 2120 percent (e) In the event the fees charged and collected bva county or more. If the applicant is a nonprofit entity, "owner" health depaitment are not sufficient to pay for the means both the chief executive officer and anY member of administrative i costs 'incurred in discharging the county the board of di"e.."'tors. health department's duties with respect to the mandatory (b) "Bureau'" means the Bureau of 10ariivana Control identificathon card system, the L eQf1sla tare, upon irequest Within the Departrnent of Consum er Affairs. by the county health, departrnent, shall reimburse the county health department for those reasonable 60 "Child resistant,"means designed or constructed to be administrative costs in excess of the fees charged and significantly difficult for children under five years of age to collected by the county health department. open, and not difficult for normal adults to use properly. SEC. 5.4. Section '.1362.84 is added to the Health and (d) "Commercial marijuana activity" in CI t j d e s the Safetv Code-, to read: cultivation, Possession, manufacture, distribution, storing, laboratory testing, labeling, 11362.84. The status and conduct of a qualified patient Processing! * i transportation, distribution, delivery or sale of marijuana who acts in accordance with the Compassionate Use Act and marijuana products as provided for in this division. shall not. by itself. be used to restrict or abridge custooia, or parental rights to minor children in any action Or (e) "Ctiltivation"n,,e3,",S3,",V3CtiV,",I' Y in'.1011/i/lIg the planting,proceeding under the iurisdiction of family or J.uventI..e growing, harvesting, dryIng, curing grading, ortrimmIi g of court. marijuana. Text of Proposal Laws 1 183 TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (f) "Custorner" neans a nat-,,,irai person 21 years of age or (w) "Operation" means any act for which licensure is over required under the provisions of this division, or an-v (g) `Day care center"shall have the Same meaning as in commercial transfer of marijuana or I773riJU3n,a products. Section 1596.76 of the Health and Sate,,v Code. W "Package"means any container or rece'ptacle used for (1,11" "Delliverv"means the com.roercial transferof nriarijuana holding marijuana or marijuana ivana products. Or I773r1JU3n,a products to 3 customer. "Delivety" also (y) "Person" in..cludes any individual, firm, copartnership, includes the use by a retailer of any itechnology Plat,f6rm Joint venture, assoc!.a N.on, corporafi0r.,, fir,71ited !,;ability owned and controll d by + the retailer, or independently cornpany, estate, trust, business trust, receiver, syndicare, licensed under this division, that enables cLkstomers to ora. y other group or combination acting as 3 unit, and the n arrange for or facilitate the commercial transfer by a plural as well as the singular licensed retailer of marijuana Or 1773r3.J.L13n,a products. (z) "Purchaser" means the customer who is engaged ;n .3 (I,,' "Director" means the Director of the Department of transaction with a licensee for Purposes of obtaining Co n s L,n,e r Affairs. L L rducts. (J) "Distribution" means the procurement, sale. and (aaJ` "Sell," "sale," and "to sell" Include any transaction transport of marijuana and marijuana products between whereby I I e for any consideration, tittle to marijuana IS ent-ities licensed pursuant'.'to this division, transferred from one person to anothe:,, and ,includes the W "Fund"means the Mari].Liana Control Fund established delivery of rnariivana or rnariivana products purstiant-to an pursuant to Section 26210, order placed for the purchase of the same and sol'ic'iting or (1) "Kind"means applicable [.Vpe Jr designation reffard I I.riff relce!V/.ng 317 order for the same, but does not include the return of marduana or marijuana products by a licensee to a particular marijuana variant or marijuana juana product type, the licensee frorn whorn such marijuana Jr rnarrivana I:ncludinz but "lot mited to, strain, nai-ne or other grower product was purchased. trademark, orgrowing area designation. "bb) "T eans a laborator. facility, or entity (,in) "License" ropans a state license issued under this ( esting service"in y la facility, - division. if, the state, that offers or perfon-ns tests of marIjuana or marijuana products, including the equipment provided b J r Y (n, "Licensee" means any person or entity holding a such laboratory, facility, or entity, and that is both of the license Linder this division. following. (o) "Li.c e I,,s.,-m7 authority" means the state agency "I Accredited by an accrediting body that is independent responsible oonsible for the issuance, renewal, or reinstatement OT from all other persons involved in commercial marihuana I.uan3 the ; f.'e license, or the state agency authorized to take i-1 it, the state. disciplinary action against the licensee, (P) Registered with the State Department of Public Health. (p) "Local jurisdiction" means a city, county, or city and county; (cc) "Unmue identifier" means an alphanumeric code or designation used for reference to a specific plant on a (q'I "Mlan,,,ifacture" means to compound, pound, blend, extract, licensed pr-of premises, infuse, or otherwise make or prepare 3 marijuana product, "dd) "Unreason impracticable" eans ably im C beans that the (r) "Manufacturer" me317S 3 Person that conducts the measures neCeScS3fyt0 comply with the regulations requi.re product-ion, preparation, propagation, or compounding of Such a high investment. of risk, money, time, oranv other mariiLiana ormarquana products ei,+he,,,di,,,ccti'vo,,,,ilidirecL'ly resounce or asset, that the operation of a rnariivana or by extraction methods, or independently by means of estabilshment is not-worthy of being carried out in.practi..Ce, chernical synthesis, or by a combination of extraction and by a reasonably prudent business person. chemical Synthesis at a fixed location that packages or - repackages marijuana or marijuana products or labels or (eel, "Youth center" shall have the same meaning as in re-labels its container. that holds a state license pursuant Section 11353.1 of the Health and Safety Code, to this division,. CHAPTER 2, ADMINISTRATION (s) "Marijuana"has the same mean ingas in Section J1.7 0 18 26010. (a) The Bureau of Medical Marijuana Regulation of the Health and Safety Code, except that it does not established in Section 19302 is hereby renamed the include marijuana that is cultivated, Processed, Bureau of Marijuana Control, The director shalt adrnlnister lf-ansported, dish-ibuted, or sold for medical PUTOses an - enfrc . the provisions of this division in addition to Linder Chapter 315 (commencing with Section 19300) of the provisions of Chapter 3.5 (commencing with Division 8, Sect-ior., 19300) of Division 8. The director shall have the, (t) "Marijuana accessories" has the same meaning as in same power and authority as provided by subdivisions (b) Section 1101B.2 of the i-lealth and Safety Code. and(c) of Section 193'02.1 for purposes of this division. (L.1) "Marijuana products" has the same meaning as in (b) The bureau and the director shall succeed to and are Section .11018.1 of the Health and Safety Code, except vestedvilith all the duties,powers,purposes,responsibilities, that it does not include marijuana products manufactured, and iiii-isdiction Marijuana vested in the Bureau of Medical ..uana I J processed, -transported, distributed, or sold for medical Regulation under Chapter pi-er 3.5 (commencing with purposes under Chapter 3.5 (commencing with Section 19300)of Division 8. Section 19300)of Division 8. ",c) In addition to the DOWCts, duties, purposes, (v) "Nursety"means a licensee that produces only clones, responsibilities, and jurisdiction referenced in immature plants, Seeds, and other agricultural products Subdivision(b), the bureau shall heretofore have the power, used specifically for the planting propagation, and duty, purpose, responsibillty, and Jurisdiction to regulate cultivation of marijuana, commercial rnari,ibiana activity as Provided in this division. 184 1 Text of Proposen' Liaws TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (d) Upon the effective date of this section, whenever with Section .113401)of Part I of Division 3 of Title 2 of the "Bureau of Medical Mariivana Regulation" appears in any Government Code, and, for par'jDoses of that .chapter, statute. regulation, or contract, or in any other code, it including Section 11349. of the Govetnnent- Code, the shall be construed to refer to the bureatl. adoption-of the regulation is an emergency and shall be 26011. Neither the chief of the bureau nor any mernber considered by the Office ofAdn7inistratille Lawas necessary of the Marijtlana Control Appeals Panel established under for the immediate preservation of the public peace, health Section 26040 shall do any of the following: and safety and general welfare, (a) Receive any comr-riission or profit whatsoever; directly (c) Regulations issued tinder this division shall be or indirectly, from any person applying for or receiving n an_,y nec essary to achieve the purposes poses of this division, based :license or permit under this division or Chapter 3,55 or., best available evidence, and shall 1 mandate only (commencing with Section 19300) of'Division 8. commercial1v feasible procedures, technolcL g . or other y (b) I Engage or have an-vir.,terest in the said or any insurance requirements, and shall not unreasonably restrain or inhibit Covering 3 licensee's business or premises. the development of alternative procedures or technology to (c) Engage or have any interest in the sale of equipment- achieve the sarne substantive requirements, nor shall such for ' regulations make cof-r1!)fia,'.1Ce unreasonably impracticable. r use upon the premises Of 3 licensee engagedin comirnercial marijuaria activity. 26014. (a) The bureau shall convene an advisory (d) Knovlingly solilit any licensee for the purchase of c or,7 m,'ittee to advise the bureau and ficensing authorities ' 017 the develODMent of standards and regulations pursuant �r contributions for benefits.tickets for benefits to this division,I)n, including best practices and guidelines (e) b."nowingly request any licensee to donate or receive that protect'.- publi-c, health and safety while ensuring a thing I fi I C coirn PP r-rioney, or any other ith; of value, for the benet t of any regulate(! environn7ent for , r rcia/ marquana activity person vvhatsoever that does not impose such unreasonably' impracticable 26012. (a) It being a matter of statewide concern, barriers so as to Perpetuate, rather than reduce and except as otherwise authorize,] in this division: eliminate, the illicit market for marijuana. (1) 7-he Department of Consuner Affairs shall have the (b) The advisory committee members shall include, but exclusive authority to create, issue, renew, discipline, not be limited to, representatives of the mariiijana industty, suspend, or revoke licenses for the transportation,, storage representatives of labor organizations, appropriate state unrelated to mantif3cturing activities, distribution, and and local agencies, public health, experts, and othe 'r sale O1'/-,n3r1jU3n,a within the state. subject miatter experts, including representatives from the (2) The Department of Food and Agriculture shall Dep3rti-17ent of Alcoholic Beverage Control, with expertise administer the provisions of this division, related to and i.n regulating, commercial activity for adult-use intoxicating associated with the cultivation of: marijuana, The substances. The advisory committee members shall be Department of Food and agriculture shall have the authority deten-ninedby the director. I'o cre atte, issue, and suspend or revoke cultivation licenses (c) Commencing on Januaty 1, 2019, the advisory for violations of this division, comfinittee shall publish an annual public report describing (3) The State DepartmentoflPablic Health shall administer its activities including, but not limited to, the the 'Drovisions of this division related to and associated recommendations the advisory cornmitlee made to the with the manufacturing and testing of marijuana. The bureau and licensing authorities during the immediately Y State Department of Public Health shall have the authority preceding calendar year and whether those to create, issue,. and SLISDOnd or revoke manufacturing and reconrinrnendafi bons were implemented by the bureau or testing licenses for violations of this division. licensing authorities. (b) The licensing authorities and the bureau shall have the 26015. A licensing authority may make or cause to be authority to collect fees in connection with activities they made such investigation as it deems necessary`to Carly Out regulate concerning marijuana. The bureau inay create its duties tinder this division. licenses I;n addition to those identified in this division that the bureau deems necessary to effectuate its duties under 26016, For any hearing held pursuant to this division, rn this division. except a hearing held under Chapter 4 (cor -nen-.cing with Section, 26040), a licensing authority fray delegate the (c) 'Licens,i,,,EauL'noriL,es shall begin l'sstil'i7g licenses under power to hear and decide to an administrative law fudge. finis 1 ,is division by Jar.,Llaty 1, 2018. Any hearing before an administrative law judge shall be 26013. (a) Licensing authorities shall make and pursuant to the Procedures, rules, and limitations prescribe reasonable rules and regulations as may be prescribed in Chapter 5(commencing with Section 1.1500) necessary to implement., administer and enforce their of parl. 1 of Division 3 of Title 2 of the Government Code. respective duties Linder this division in accordance with Chapter 3.5 (conmencing with Section 11340) of Part 26017. in any hearing before a licensing authority of bivislon 3 of Title 2 of the Government Code. Stich rules Pursuant to this division, the licensing authority may pay and regulations shall be consistent with the purposes and any person appearing as 3 witness at the hearing at ti,e i:nten,t of the Control, regulate and flax Adult Use of request of the licensing, authority pursuant to a subpoena,. Marijuana Act, his or her actual, necessary, and reasonable travel, food, (h) Licensing authorities may prescribe, adopt, and andloo�gjng expenses, not to exceed the arnount authorized Tor state employees. enforce any emergency v regulations as necessary to implement,mPlement, administer and enforce their respective duties 26018. A licensing authority may on Its own motion at Linder this division. An-v emergency regulation prescribed, any tin7e before,a penalty assessment is Placed into effect, adopted or enforced pursuant to this section shall be and without 317y further proceedings, review the pen3ltY, adopted in accordance with Chapter 3.5 (comi-nen—cine but such review shall be limited to its reduction. Text of Proposal Laws 1 185 TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CHAP,,-,-,R 3, Epo-ORCEMENT under state law, or be subject to a civil ;I' fine or be a basis 26030. Grounds for disciplinary action include: for seizure or forfeiture Of assets Linder state law ) (a) Failure to comply with the provisions I t of this division or k , The actions of a person who, in good faith, allows his any rule or regulation adopted pursuant to this division. or her property to be used by a licensee, its employees,I and its agents, as permitted pU,`SU3nt to 3 State license and any (b) Conduct that constillitesgrounds for denial oflicenstire applicable local ordinances, are not unlawful under state pursuant to Chapter 3 (commencing with Section 490) of 13W and shall not be 317 offense subject to arrest, Division 1.5. prosecution, on, or other sanction under state, law, or be (c) Any other grounds contained in regulations adopted by subject to a civil fine or be a basis for seizure or forfeiture a Iticensingauthoritv pursuant to this division. of assets under state /aw (d) .Failure, to comply with any state law including, but not 265038. (a) A person engaging In commercial rnarlhiana limited to, the payment of taxes as required under the activity without a license required by this division shall be Revenue and Taxation Code, except as provided for in this sut-It.ect to civil penalties of ,1P to three times the amount ,division or other California law . of the license fee for each violation, and the court may order the destruction Of assoc1 1773riiLl na 'ated with that V 31 (e) Knowing violations of:any state or local law ordinance, violation, in accordance with Section 11479 of the Health or regulation conferring worker protections or legal rights and Safety Code. Each day of operation Shale 1 constitute a on, the employees of a licensee. separate Darate 'violation of this section. All civil penalties (f) Failure to comply with the requirement of a local iin,DOSed and collected pursuant to this section by a ordinance regulating commerc.,al marijuana activity. licensing authority shall be deposited into the General g) The int-entio.nal and knowingg sale of marijuana or Fund except as provided In subdivision (b). ( marijuana products by a licensee to a person under the (b) If an action, for civil penalties is brought against a legal age to purchase or'possess, licensee pursuant to this division by the Attorney General 2603 J., Fach licensing authority may suspend or revoke on behalf of the people, the penalty collected shall be I, 11 deposited into the General Fund. If the action is brought licenses, after proper notice and hearing to the licensee. Ir the ilicensee is found to have committed anl of t by a district attorneY or county counsel, the penalty shall acts or first be used to reimburse the district attorney or county omissions for disciplinary action. The counsel for the costs of bringing the action for civil disclplinaty proceedings under this chapter shall be penalties, with the remainder, ,f any, to be deposded into conducted in accordance with Chapter 5 (coromencirIg h city "the General Fund. If the action is brought by 3 y attorney with Section 11500',of Part I of Division 3 of Tittle 2 of the or city prosecutor, the penalty collected shall first be used Government Code, and the director of each licensing to reimburse the city attorney or city prosecutor for the authority shall have all the powers granted therein, costs of bringing the action for civil penalties, with the 26033. Each licensing authority may take disciplinary remainder, nder, if any, to be deposited into the General Fb'nd. action against a licensee for any violation of this diVis,"On, (,-) Notwithstanding SUbdivisior., (a), criminal penalties when the violation was committed by the Ii.."'ensees agent �shall continue to apply to an unlicensed person engaging or employee whille acting 017 behalf of the licensee or i n cornmerctra! marijuana activity in violation of this engaged in, commercial 17730JU3im activity. division. 26033, Upon suspension or revocation of a license, the CHAPTFR 4. APPF,,is licenslngcf authority shall inforn, the, bureau. The bureau 265040. (a) There is established 'I n state government a shall then inform all other licensing authorities, Marijuana ControlAppeals IF'anel which shall consist of 26034. Accusations against h HC i enSeeS Unde division r this divisn three members appointed by the Governor andsubjectsuect to shall be filed within the same time limits as specified in confirmation by a majority'ity vote of all of the f-rie"mbers Section 19314 or as otherwise provided by law. elected to the §enate. Each member, at the time of his or 26035. The director shall designate the persons her initial appointment, shall be a resident ot I a different of-riployed by the Department of Consumer Affairs for county from, the one in which either of the other members purposes of the administration and enforcement of this resides. Members of the panel shall receive an annual division. The direct-or shall ensure that a sufficlent number salary as provided for by ChaPter 6 (co!7.7trencing with 1V 0) of Part 1of Division 3 of Title 2 of the of employees are qualified peace officers for purposes of Sect 01' 1.155 enforcing this division. Government Code. 26036. Nothing in this division shall be interpreted to (b) The.177embers of the pa7eirr7ay be removed from office supersede or lit-rilt state agencles from exerc.,sina their bv the LGovernor, and the Legislature shall have the power, existing enforcement authority, including, but not limited by a majority vote of all members elected to each house, to to, under the Fish and Game Code, the F m for dereliction of duty, and remove any ember from office i and corruption or incompetenqjv. Agricultural Code, the Government Code, the Health a..(j Safety Code, the Public Resources Code, the Water Codle, (c) A concurrent resolution for the retroval of any member" or the application of those laws. of the panel may be introduced in the Legislature only if 5 26037. (a) The actions Of 3 licensee, its employees, and Members of the Senate, or 10 Assembly; of the Assemb� Its agents that are (1) permitted under a license issued join as authors. 1, Linder this division and arty applicable local ordinances 26(14.7. All personnel of the panel shall be appointed, and,,2)conducted in accordance with the requirements of employed, directed, and.conittoiled by the panel consistent this; h.his division and regulations adopted pursuant, to this with state civil service requirements. The director shall division, are not unlawful under state law and shall not be furnish the eaulpment, suppi I,es, and housing- necessary an offense subject to arrest, prosecution, or other sanction for the authorized activities of the panel and shall perform 186 1 Text of ProrYlsed Liaws TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- such other nechanics of.administration as the pane! and 68) 'i�ype 3A—Cultivat-ior.,; fridoor', Mediun," the director may agree UP017. (9) Type 3 6-----Cultivation: Mixed-light; Medium. 26042. The panet shall adopt procedures for appeals 110) Type 4—Cultivation; Nursery similar to the Procedures used in Article 3 (corornencl.rig k Y with Section 23075) and Article 4 (commencing with (111) Type 5—Cultivation; Outdoor; Large. Section 23080) of Chapter 1.5 of Division 9 of the (12) Type SA-----Cultivation;-----Cultivation; Indoor, Large,. Business and Professions Code. Such ptrative Procedure rocedures shall be adopted in accordance with the Adminis It (13) Type 5PT—Cultivation; Mixed-light; Large, Act (Chapter 3.5 (commencing with Section 11340) of t ( 14) Type 5—Manufacturer 1. Part rt 1 of Division 3 of -17tie 2 of the Government Code). (15) Type ?-----Manufacturer '2. -3. 10 1 26043, (a) VVhen any person aggrieved there-biv appeals "l /61 Type 8-----Testing— 'rot-ri a decision of I the bureai,, or any licensing- hority 7) Type 10—Retailer� ordering wily (.7 penalty assessment, issuing. denving, -- transferrin,gy, conditioning, suspending or revoking any (18) Type 11-----Distributor license icense provided for under this division, the panel shall 19) Toe 12-----Microbusiness. review the decision subject to such limitations. as ina'y be imposed by the Legislature. II? Such cases, the panel shall (b) All licenses Issued under this division shall bear .3 not receive evidence in, addition to that considered by the clear designation indicating that the license is for bureau or the licensing authority. commercial marijuana activity as distinct from commercial (b) Review by the panel of a decision of the bureau or a medical cannabis activity licensed under Chapter 3,5 10,1110 (commencing with Section 19300)of Division 8. Examples licensing authority shall be limited to the !`allowing questions: of such a designation include, but are not limited to, "Type 1-----Nonmedical,"or "Type 1 W. 1Wth rn lic hho( erhu ayensing aurity has , proceeded without or in excess of' its jurisdiction, (c) A license issued jDursuant to f-his division shall be valid for 12 months from the date of issuance. The license may (21) Whether the bureau or any licensing authority has be renewed annu,311y, proceeded in the manner required by law "d) Each Ii ersf;rg authority shall establisI7 procedures to,,, (3) K hether the decision is supported by the findings, the issuance and renewal of licenses, (4) Whether the findings are supported by substantial (e) Notwithstanding subdivision (c), a licensing authority evidence in the light of the whole record. /-,MeV issue 3 temporary license for 3 period of less than 26044. (a) In appeals where the panel finds that there is 12 months. This subdivision sh,311 cease to be Operative on relevant'.- evidence which, In the exercise of reasonable J, i uary 1, 2019. diligence, could not have beer., produced or which was 26051, (P) In determining whether to grant, denY, or improperly excluded at the hearing before the bureau or renew a license authorized under this division, a licensing Iicenstng authorIi ty, it may enter an order remanding the authority shall consider factors reasonably nel3ted to the matter to the bureau Or licensing authority for determination, including, but not itm,'ited to, whether it is reconsideration in the fight of such evidence, reasonably foreseeable that issuance, denial, or renewal of (b) Except as provided in subdivision (a), in all appeals, the license could: the t 1) competitionbv panel shall enter 317 order either affirming or reversing (1- Allow unreasonable restraints oil CO the decision, of the bureau or licensing authority. When the creation or maintenance of unlawful monopoly power; order reverses the decision of the bureau Or licensing 3-� 1 (2) Perpetuate the presence of an illegal market for authority, the board may direct the reconsidera tion fion of the marijuana or marijuana products in the state Or Out of the matter in the fight of Its older and may direct the bureau state; or licensing authority to take Such further action as Is specially enjoined upon it by la�i� but the order shall not (3) Encourage underage use or adult abuse Of Marijbiana limit or control in any way the discretion vested by law in or marijuana j I uana products, or illegal diversion of marijuana or the bureau or licensing authority. Marijuana products out of the state; 26045. Orders of the panel shall be subject to Judicial (4) Result in an excessive ive concentration of licensees I.n a review under Section 1094.5 of the Code of Civil Procedure given city, county, or both; 0 4 upon petition b-v f-he •bureau or licensingg authority or ar.,y (5) Present an unreasonable ofrninors being exposed party aggrieved by such older. to marijuana or marijuana.. products; or U-?APTE J. LICENsrNs' (6) Result in violation nv s of a environmental protectiO,"26050. (a) The If. C en,se e c13SS1`f1'C3tion pursuant to this laves. division shall, at-a minimurn, be as follows., (b) A licensing authority may deny a license or renewal of (I) Type 1-----Cultivation; Specialty outdoor; Small, a license based upon the considerations in SUbdivisior., (a). (2) Type 1A-----Cultivation,: Specialty indoor; Small. (c) For purposes of this section, "'exce.s-��i-veconcentra.tion" means when the pref-riises tbra retail license, microbusiness (3) Type .7 R—CIj,"Alation; Specialty mixed-light; Small, license,.Cense, or a license issued under Section 26070.5 is (4) Tvpe 2—Cifitivation; Outdoor; Small, located in an area where either ot'the tbHowina conditions (5) Type 2A-----Cultivation,: Indoor; Sf-riall, exist; (6) Type 2B Cultivation; Mixed-light: Small'. 0) T h e ratio of a licensee to population in the census tract or census division in which the applicant premises (7) Type 3—Cultivation; Outdoor; Medium. are located exceeds the ratio of licensees to population in Text of Proposal Laws 1 187 TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- the county in which the aPp/icant pretril I ses are located, 6.c) Except as provided in subdivision (b), a person or entity unless den?al Of the application Would unduly limit the n,,a'l apply for and be issued more than one license under Ia. _, MI. j develops-nent- of the legal market so as to perpetuate the this division. illegal I p 265054. (a) A licensee shall not also be licensed as a .1 market for or marijuana roducts. (2) The ratio of retail licenses, microbusiness licenses, or retailer of alcoholic beverages under Division 9 licenses under Section 26070.5 to population in the (commencing with Section 23000)or of tobacco products. census tract, division or jurisdiction exceeds that allowable (b) No licensee under this division shall be located within by local ordinance adopted under Section 26200. a 600-foot radius iL/S of a school providing instruction in 26052, (a) No licensee shall perform an of the following kindergarten or an grades 1. through .72, day care center, ,Y I Y 'v acts, or permit any SL/ch acts to be performed by any oryouth center that is in existence at the time the license employee, agent., or contractor of such licensee, is issued, unless 3 licensing authority or a local Jurisdiction (1) Make any contract in restraint oil trade in violation of specifies a different radius. The distance specified in this Section 16600; section shall be measured in the same manner as provided in subdivision (c)of Section 11362,768 of the he Health and 0 Form a trust or other prohibited organization in Safety Code unless otherwise provided by law restraint of trade in violation of Section 16/250; (3) Make a sale or contract, for the sale of marijuana or (c) I it shall be lawful under state and local law, and shall f P art.i I Liana products, or to fix a price charged therefor, or not be 3 vio.13tiOn of state Or local 13V,� fora business discount from, orrebate upon,such price, on the condition, engaged in the manufact-,,.ire of marijuana accessories to possess, 'transport, pin,cries.. or otherwise obtain small agreernent or Understanding that the consu.mer or 3MOU/7tS of marijuana or marijuana products as neCeSS31y purchaser thereof shall not use or deal in the goods, to conduct research and develoornent related to such merchandise, machinery supplies, con7ii-riodities, or mariftiana accessories, provided such mari;uana and services of a competitor or competitors of such seller, j marijuana products arc- obtained from a person or entit y where the effect of such sale, contract, condition,. licensed under this division or Chapter 3.i5 kornrrlencl,,,g agreement or understanding may be to substantially lessen I with Section 19300) of Division 8 pen-nitted to provide or COMPefitiOn or tend to create a monopoly in any line of trade or commerce; deliver such marijuana or marijuana products. (41) Sell any roarijuana or marijuana products at less than 26054.1. (a) No licensing authority shall issue or r(.new cost for the purpose or injuri competitors, destroying a license to any person tl-,3L'C3,',notden7ons-,Iratecoi7,lii7uous n_9 California resideric from or before January 1, 20.75, In ,con,petitiorl, or misleading or deceiving purchasers 1�1 'Y prospective purch3SeJ`S; the case of an applicant or licensee that is an entity, t-fle, entity shall not be considered 3 resident if any person (5) Discriminate between different sections, communities, controlling the entity cannot demonstrate continuous or cities or portions thereof, or between different locations California1 residency frorr, and before jarluary 1, 2015. in such sections, communities,. cities I or portions thereof in this state, by selling or fumishing marij.uana or marij,.uana (b) Subdivision (a) shall' -ease to be operative on products at a lower price in one section, community, or city December 31, 20119, unless reenacted Prior thereto by the or any portion thereof, or in one location in Such Section, LogIslature, communifY, or city oranY portion thereof, than in another, 26054.2, (a) A licensing authority shall give priority in for the purpose of injuring competitors or destroying issuing licenses under.er this division to applicants that can competition; or demonstrate to the authotitys satisfaction that the (6) Sell any marijuana or marijuana products at less than applicant operated in compliance with the Compassionate Use Act and its implementing laws before September .1, the cost thereof to such vendor or to give away anY article or product for the purpose of injuring competitors or 2016, or curren I-1/Yoperates in compliance with Chapter3.5 Ing 11,1011. r Section 19300) of Division 8, destroy; compeff, (co, mencing, with Sel (t)) Any person who, either as director, officer or agent of I (b) The bureau shall request that. local jurisdictions applicants for 1- 3111y RUP or corporation, or as agent 01'any person, violates identify ily for the bureau potentialIc the provisions of this chapter, assists or aids, directly or based on the applicants' prior operation in the local indirectly in such violation, is responsible therefor equally jurisdiction in cot-ripliance with state taw, Including the with the person, r/,irm or corporation for which such person Compassionate Use Act and its implementing laws, and acts, any applicable 1OC31 laws. The bureau shall' make the requested infornattion, available to licensing authorities. (c) A licensing authority nay enforce this section by alopr0l)rf ate regulation. (c) /n addition to or in lieu of the information, described in subdivision (b), an 3pplIC317t may furnish other evidence to (d) Any person or trade association may bring an action. to demonstrate emonstrate operation in compliance with the enJoin and restrain any violation of this section for the Compassionate Use Act or Chapter 3.5 1(corn,f 77encong with recovery of damages. Section 19,300) of Division S. The bureau and licensing 26053. (a) the bureau and licensing authorities may authorities may accept such evidence to demonstrate issue licenses under this division to persons or entities eligibility for the priority provided for in subdivision, (a). that hold licenses under Chapter 3.5 kornmencing with I'd) Thistc ember3l, Section 1�':;?300)of Division 8. section shall cease to be operaliveonDe (b) Notwithstanding subdivision (a), a person or entity that 2019, unless otherwise prov1ded by law. holds 3 State testing license i cense under this division or 26055. (a) Licensing authorities may issue state Chapter oter 3.5(conmencing with Section -19300)of Division on i l.censes only-to qualified applicants. 8 is prohibited from ficensure for any other activity, except (b) Revocation of a state license issued under this division g, as authorized under this s cilvislorL shall terminate the ability of the licensee to operate within 1 188 Text of ProrYlsed Liaws TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I I California until the licensing authority reinstates or reissues individual square footage of separate cult.vahon areas, if the state lI i ee, ant.. state Cns (C) Separate licenses shall be issued for each of the 26056.5, The bureau shall devise protocols that each premises of any licensee having r-riore than one location, licensing authority shotl implement to ensure compliance except as otherwise authorized by law or regulation. with state laws and regulations related to environmental (d) After issuance or tl`�3nsfer of a license, no licensee ii-ripacts, natural 1 resource protection, water quality, water shall change or alter the premises in a r-rianner which supply hazardous materials, and pesticide use ,in I accordance with regulations, including but not limited to, materially or substantially 31te,S the premises, the usage OT t Z� the Californ ED ia "vironmental Quality Act (Division 13 the premises, or the mode or character of business (commencing with Section 21000)of the Public Resources operation conducted from the premises, from, the plan la'n Code,), the Califotnia Endangered Species Act (Chapter contained in the diagram on file with the application, 1,5 (commencing with Section 20501,' ol, Division 3 of the unless and until prior written as-sent of the licensing 1. , Fish, and Game Code,,,. laKO or streambed alteratlol" authority orbureau has been obtained. For purposes of this agreements (Chapter F) (commencing with Section 1600) section, material or substantial physical changes of the of Division 2 of the Fish and Garne Code), the Clean I'Vater premises, or in the usage of the promises, shall include, Act (33 U.S.C. Sec. 1251 et seq.), the Porter-Cologne, but.not be limited to, a substantial increase ordecrease ire n Water OU31:tl Control Act (Division 7 (commencing with th,e total area of the licensed premises previous- I � k I" /Y Section 1300C�) of the VVate,, Code), timber product-ion diagrammed, or 317 other physic modificatio , resulting . I Y zones, waste-water discharge requirements, and any permit in substantial change in the mode or character of business or right necessary to divert water. operation. 6 ( h ht en n2057. a) Te censnlF autoryl (e) Licensing authorities shall not approve an application application if either the applicant, or the premises for ,.or a state license anciell this division if appiroval of the A/h,ich a state license is applied, do not qualify to,,licensure state license will violate the provisions of any local Under this division. ordinance or regulation adopted in accordance with Section 26200. (b) The licensing authority may deny the application to,, 26056. A17 applicant fOr any h1pe LO !I;ccnsLir-porreriewaloirast'.,ate license iff any of the following I , , of state license issued conditions apply. pursuant to this division shall comply with the sat-rie ess 07 Failure .0 requirements as set forth ,in Section 19322 un! , to comply with the provisions of this division, otherwise provided by law, i Ing eleclfonic submission any rule or reg ul3. tion adopted pUrSU317t to this division, or I nclud; I h -vis, — of fingerprint ii-nages, and any other requirements imposed any requirement imposed to protect natural resources, t,ncludin.gT, but not limited to, protections for instream flow by law or 3 licensing authority, except as follows: and water quality. (a) Notwithstanding paragraph 0 of subdivision la) of (2') Conduct that'constitutesgrounds fordentalof licensure Section 19322, an applicant need not provide I —, pJ'c L under Chapter 21' (comr.r7encing with, Section 480) of documentation that the ao licant has obtained 3 license, applicant I. wise specified in this section permit or other authorization to operate frorn he local' '),,vision 1.5, exceptas other and Section 26059. jurisdiction in which the applicant seeks to operate,.- `?' Failure to provide information required by the licensing (b) Art application for a license tinder this division shall include evidence that- the proposed location r-fleets the authority. restriction it, subdivision (b) of Section 26054; and (4) The applicant or licensee has been convicted of an offense that is substantially related to the qualifications, Forapplicants seeking licensure to cull.1 vale, distribute, runctlons, or duties of the business or profession for which or manufacture rmnrriedical mariptana of maripjana the app, i 13 It I,' I products, the application shall also include a detailed I lCat on ; nriade, except that " Me licensing I atithot-itY determines that the applicant. or licensee is desciription of the applicant's operating procedures for all se Suitable to be issued a license, and.gra ,ni�- otherwis nti e the of the following,, as required by the licensing authority, license would not comorornise public safety, the licensing (1) Cultivation, authority shall conduct a thorough review of the nature if I I Lh I (2) extraction and infusion methods. the crii-ne, conviction, circumstances, arxi evidence of: (3) 7-he transportation process. rehab ion of the applicant, and shall evaluate the L suitability of the applicant or licensee to be issued a (4) TI I e it i ve n tory process, license based on the evidence found through the review in flty contro deternnining which,offenses are substantially related to the (5) Qua I , V procedures. qualifications, functions, or duties of the business or (6) The source or sources of water the applicant will use profession for which the application, is made, the licensing for the licensed activities, including a certification that the authority shall include, but not be limited to, the following-, applicant may use that water legalll under state law ("A.) A violent felony conviction, as S'DeCifiedi in (d) The applicant shall provide a complete detailed subdivision (c)of Section 667,5 of the Penal Code. d I I dia 'am. of the proposed premises wherein the license (B) A serious felony (3017VICtiOn, as Specified in privileges vvill be exercised, with sufficient particularity to 4;vi� 4-subol sion (c)of Section 1192,7of the Penal Code. enable reauty determination of the bounds of the premises, and exits A ICLiO showing 311 boundaries, dimensions, entrances . "C) felony conviction In involving fraud, deceit, or interior Partitions, walls, rooms, and I common or shared embezzlement. entrywa�ys, and I include nc.lude a brief statement or description of (D) A felony conviction for hiring, employing, or using, a the he principal activity to be conducted therein, and, for minor in transporting carrying, selling, giving away; i.i iSeS D0rr7I;ttimg cultivation, measurements of the preparing for sale, or peddling, any controlled substance to planned canopy including aggregate square footage and a minor, or selling, offering to sell, furnishing offering to Text of Proposal 1-aws 1 189 TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- furnish, 3dMinistering, or giving any controlled substance Board to ensure that individual and cumulative effects of to a mirlot. .1vater diversion and discharge 3SSOCi3ted with cultivation (E) A felony conviction for, drug trafficking with do not affect the instream flows needed for fish spawning, enhancernei4 Ls pursuant to Section 11370.4 or 11379.8, migration, and rearing, and the flows needed to maintain natural flow t'�1 v3riabi ' (5) Except as provided in subparagraphs (D) and ( wi,Idlife E-,; of 1 , and to otherwise protect fish, " , fish and wildlife habitat, and water quality paragraph(4')and notw';tthstanding,Chapter 2(commencing with Section 480)of Division I�5, a prior conviction, where (d) The regulations promulgated b-v the De'partr-rient of 1- 1 ff.,eserntence, ,nclud.,ri,�c-fariyteri,-,ot'prc,)batiori, incarceration, Food and Agriculture Linder this division shall, at a or supervised release, is completed, for possession of, mirilmilm, address in relation I to commercial mail Tana 'DOSSOSSiOrl for"Sale, sale, manufacture, transportation, or activity, the same roatters described in subdivision (e) Of cultivation of a controlled substance is not considered Section 19332. substantially related, and shall not be the sole ground for (e) The Departmen t of Pesticide ReCL/13 tion, inconsultation denial of a license. Conviction for any controlled substance with the State Water Resources Control Board, shall felony subsequent to Keens re shall be grounds for promulgate regulations that require that the application of revocation of a license or denial of the renewal ot'a license. pesticides or other pest control in Conn,ection with the (6) The applicant, or any of its officers, directors, or indoor, outdoor, or mixed lig,17t cultivation of marijuana owners, has been subject to fines Or penalties for Cultivation meets standards equivalent to Division 6 (commencing or pro Lh I I I production of a controlled substance on public or private wit Section 1 '40�) of the Food and Agricultural Code land s pursuant to Section 12025 or 12025.1 of the Fish and its implementing regulations, and Game Code. 26061, (a) 7.he state cuitivahor license types to be, (T) The applicant, or any of its officers,. directors, or issued by the Department of Food and Agriculture under owners, has been sanctioned b,Ya ficensingauthoritv or a this division shall include Type 1, Type !A, Type 1B, Type city, county or city and COUntyfor,unauthorized com.rnercial 2, 'Type 2A, Type 2B, Type 3, 7ype 3A, 7ype 3B, Type 4, marijuana activities or conrnerciai medical cannabis and -11.11)e 5. Type 5A, and Type 5B unless otherwise activities, has had 3 license revoked Linder this division or provided by law Chapter 3.5 (cornmencing with Section 19300)ot'Divisi.or) . 8 in the three.Years immediately preceding the date I , Fhe (b) Except as otherwise provided by lav,; Type 1, Tvpe 1A, - . . 2A 3A, Typ e Type 1 B, Typ e 2, Type T application is filed with the licensing authority, or has been -v'ID e 2 B, I vp e 3, Typ e . p i sanctioned Linder Section 12025 or .12025.1 of the Fish 3B and Type 4 licenses shall provide for the cultivation of q.Lia he same arnounit as the equivalent license and Game Code. mar na in + cense t . (8) Failure to obtain and maintain a valid seller's permit type for cultivation of medical cannabis as specified in required Pursuant to Part I (c o f nir,7 e n c i.n g w i t h, subdivision, (g)of Section 1-9332. Section 6001) of Division 2 of. the Revenue and Taxation (c) Except as otherwise provided by 13W: Code. (I) TvPe 5, or "outdooi;" means for outdoor cultivation (9) Any other condition specified ified in law. L/S'ing no artificial i lightinggreater,than one acre, inclusive, 26058. b1pon, the der.,ial of any application for a license, Of total canop�y si.ze on one premises. the licensing authority shall notifv the applicant in writing, (P). Npe 55A, or "Indoor," means for indoor cultivation 26059. An applicant shall' not be denied a state license using exclusively artificial lighting greater than 22,000 :1 square feet, inclusive, of tot3fcanopy size on one premises. the denial is based solely on any of the following, (3 Type 5B, or "mixed-1 I "means for Cultivation using 'a) A conviction or act that is substar.,tialiv related to the ,-, )kh L, L a combination of natural and supplemental artificial qualifications, functions, or duties of the business or fighting at a rnaximunr, threshold to be determined by the profession for which the application is 1773de for which the " " ' applicant or licensee has obtained a certificate of licensing authority, greater than, 22,000 square feet, in..clusIve, of total canopy size on one prernises. rehabilitation i pursuant to Chapter 3.5 (commencing 1,� h ,it,, Section 4852.01) of Title 6 of Part 3 of the Penal Code. (d) No Tvpe 5, 7Ype 5A, or 7Ype 5B cultivation licenses (W A conviction that W3s subsequently dismissed pursuant rn, ,aYI be issued before jaml3fy 1, 2023. '-o I. Section 1203.4, 1203.4a, or 1203.41 of the Penal (e) Commencing on jaml3fy 1, 2023, a Type 5, Type 5A, Code or any other provision allowing for dismissal of a or Type 53 licensee may apply for and hold a -11yPe 6 or conviction. Type 7 license and apply for and hold a Type 10 license. A Type 5Y Type 5A, or Type 5B licensee shall not be eligible UHAPTfs- 6. LICENSED CULTIVATION SITES: .. to apply tnr or hold a Tvpe 8, Tvpe 11, or Tvpe 12 license. 26060. (a) Regulations issued by the Department or I .1. Food and Agriculture governing the licensing of indoor, 26062. The Department of Food and Agriculture-, in outdoor, and mixed-light cultivation sites shall apply ,o C0.17JUnc with the bureau, shall establish a certified wit h licensed CUltiMtOrS under this division. orgTanic designation and organic certification progran, for (b) Standards developed by the Department of Pesticide marijuana and marijuana products in the same manner as Regulation, 'in consultation with the Department of Food provided in Section 19332.5. -e, and Agriculture, for the use of pesi-ici ' lr., cultivation, 26063. (a) The bureau shall establish standards for .1. cles and 1773.XiMUM tolerances for pesticides and other foreign recognition Of a part appellation of origin applicable objectresidUe ii.1harvested cannabis shall apply to licensed to marilLfana grown Or CL/Itivated in a certain geographical cultivators Linder this division, area in California. 'c) Th e Do'partment of Food and Agriculture shall includek1b) Marijuana shall not be marketed, labeled, or sold as conditions in each license requested by the Department of grown in a California county when the marijuana Was r1OL4. Fish and Wildlife and the State Klater Resources Control grown in that county. 190 1 Text of ProrYlsed Liaws TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (c) The narne of a California county shall not be used in (B) infornation associated wit-f., the assigned unique th e labeling, rnarketing orpackagingof marijuaria products identifier and licensee shall be included in the trace and unless the marijuana contained in the product was grown track program specified in Section 26170. in that county. (C) T i he diepartment fnay charge a fee to cover the 26064. Each licensed cultivator shall ensure that the reasonable costs of issuing the unique identifier and i'. i icer sed premises do not pose an unreasonable risk of fire monitoring, tracking, and inspecting each rnarijuana.plant. or combustion. Fach cultivator shall ensure that. all (D) The department may proi-nulgate regulations to lighting, wiring, electrical and mechanical devices, or implement this section. obber relevant property is carefully maintained to avoid unreasonable or dangerous risk to the property or others. (3) The department shall'take adequate steps to establish prof "' . I fraudulent unique identifiers and limit ections against 26065. An employee D/pyee engaged in the cultivation Or ill'ogaid,ive,,,sior7ofutiiqueidentifictstoL!.ril,icensedpersol7s. marijuana under this d'ivision shall be subject to VV`age (d) Unique i de n ti fi e rs and assoc i 3 fed identifying Order No. 4-2001 of the Industrial' Welfare Commission. on. '. fornriation adninistered by local iurisdictions shalt 26066. Indoor and outdoor marijuana cultivation by in,'here j -, adhere to the requirements set by the department and be persons and entities licensed under this division shall be the equivalent to those administered by the department. conducted in accordance with state and local laws related (e) (1) This section does 170-11 apply to the cultivation of to land conversion, grading, electricity usage, water usage, m I I. water quality, woodland and riparian habitat protection, arl,uana in accordance vvith Section 11362_1 of the axcfricuftutal discharges, arxi similar matters. State Health and Safety Code or the Compassionate Use Act. agencies, including, but not limited to, the State, Board of 0 Subdivision (b) does not apply to persons or entities Forestry and Fire Protection, the Department of Fish and licensed under either paragraph (3) of subdivision (a) of Wildlife, the State Vlatet Resources Control Board, the Section 26070 or subdivision (b)of Section 26�70.5. California regional water quality control boards, and (if) "Department" for purposes of this section means the traditional state law enforcement agencies, shall address Department of Food and Agriculture. environmental impacts of mariivana cultivation and shall 7. R coordinate when appropriate with cities and counties and CHAP-mq ETAILERS AND DlsT,R,,BuToRs their law enforcement agencies in enforcement efforts. 26070. Retailers and Distributors. 26067. (3. ) The Department of' Food and Agriculture (a) State licenses to be issued by the Department Of shall establish a Marijuana Cultivation Program to be Consumer Affairs are as follovvs: administered by the Secretary of Food and Agriculture, 11, Retaller,'"'for the retail sale and deIivervofnarJj,,,,ana The secretary shall administer this section as it pertains to or mar,,,,.uana products to customers. the cultivation of marijuana. For pur,poses of this division, marijuana i.s an agricultural product. (2) '"Distributor," for the distribution of marijuana and V A person or entity shall not cult vat marijuana products. A distributor licensee shall if be bonded L fi Le marijuana Without up and insured at. a minimum loved established by the first obtaining a state license issued by the department licensing authority. pursuant to this section. (3) "Mi robus:ness," for the cultivation of marijuana on k 'c (c) (1) The depattiment, in consultation with, but not a,,,, area less than 10,000 square feet and to act as a limited to, the bureau, the State Water Resources U' 017trOl licensed distributor, Level 1 manufacturer, and retailer Board, and the Department of Fish and Wildlife, shall under this division, provided such licensee complies with implement a unique identification program for nriariluana. all I requirements, imposed by this division on licensed M In implementing the program, e department shall' cultivators, distributors, Level I manufacturers, and consider issues including, but not limited to, water use reta,ifers to the extent the licensee engages in such and environmental impacts. In implementing the program, activities. Mictobustriesslicer.,ses that-authorize culti,vation 'he dc joartfrient shall ensure that: of marijuana shall include conditions requested by the (A) Individual and cumulative effects of water diversion Department of Fish and Wildlife and the State Water and discharge associated with, cultivation, do not affect the Resources Control' Board to ensure that individual and I;nstream flows needed for fish spawning, mign3tion, and cumulative effects of water diversion and discharge associated with cultivation do not affect the instrearn. flows rearing, and the flows needed to maintain naft/ral flOW need I e L d for fish spawning migration, and rearIITi and the variability. If 3 watershed cannot support additional , cultivation, no new plant identifiers vvill be issued for that flow needed to maintain flow variability! fily and otherwise protect fish, wildlife, fish and wildlife habitat, and water watershed, quality. (B) Cultivation Will not negatiVeIV impact springs, riparian (b) The bureau shall' establish i-ninii-num security and wetlands and aquatic habitats. transportation safety requirements to the con,'mercial (2) The department shall establish a program for the distribution and delivery of n?3riftl3na ant., 11,73rijL13"m identification ofPerroitted marijuana plants at a cultivation Products. The transportaliOn safety standards established site during the cultivation period. A unique identifier shall by the bureau shall include, but not be limited to, minimum be issued for each M3riiU3na plant. The department shall standards governing the types of vehicles in which ensure that unique identifiers are issued as quickly as marijuana and marijuana products may be distributed and possible to ensure ein7plef-rientation of this division, The delivered and minimum qualifications for persons eligible M unique identifier shall be attached at the base of each to operate such vehicles. L plant or as otherwise law o required by I r regula lion, 1,C) Licensed retailers and rrincrobusinesses, and licensed k I (A) Unique identifiers wild only be issued to those persons nonprofits under Section 26070.5, shall inriplement aDpropriate/v licensed bv this set tion. security me3Sures reasonably design,ed to prevent Text of Proposal 1_.aws 1 191 TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- aria uthorized entrance into areas containing marijuana or division is not feasible, or if the bureau determines such marijuana products and theft of marijuana Of- marijuana licenses are feasible, after the date a licensing agency products from the prei-nises. These securitty measures shall commences issuing state nonprofit licenses. i:nclude, but not be If:mited to, all of the f6floWil"Z, I �2) If the bureau determines such licenses are feasible, no (1) Prohibiting individuals from remaining or, the temporary license issued under subdivrsion (b) shall be I I I,cOnSeeS premises if they are not engaging in activity renewed or extended after the date on which 3 lilcen,si.ng expressly related to the operations of the dispensafy, agency commences issuing state nonprofit licenses. (2) Establishing limited access areas a..ccessrble only to (3) If the bureau determines that creation of nonprofit authorized personnel, licenses under this division is not feasible, the bureau (3) Other than limited amounts of marijuana used for shall provide notice of this determination to all local display Jurisdictions that have issued temporary licenses under ispla�y purposes,. samples, or immediate sale, storing all subdivision (b). The bureau ma,�: in its discretion, permit finished marijuana and mariivana products in a secured any such localiurisdiction to rer.,ewor extend on an annual and locked roomi. safe, or vaul-11. and in a marine,,,reasonab i.3 any le j I ly basis - temporary license previously issued under designed to prevent diversion, theft, and loss. subdivision (bill 2(5070.5. (a) The bureau shall, by Januaty 1, 2018, CHAPTER 8, AND T,,�ANSPLORT investigate the fe3SI'billity of creating one or more classifications of nonprofit licenses under this secficrI, The 265080, (a) )-his division shall not be construed to - si L L feasibility determination shall be Trade in consultation authorize or permit a I/:Cen,see to transport or distribute, or With the relevant licensing agencies and representatives of cause to be transported or disitributed, marijuana or focal iurisdictions which issue temporary licenses pursuant marijuana ivana products outside the state, unless authorized by to subdivision (b). The bureau shall consider factors federal law. including, ncluding, but not limited to, the following; (b) A local Jurisdiction shall not prevent transportation of (1) Should nonprofit licensees be exempted from, any or marijuana or magi.uana products on public roads by a all state taxes, licensing fees and regulatory provisions licensee -transporting, marijuana or marl..Juana product,, in applicable to other licenses in this division? compliance with this division. (2) Should funding incentives be created to encourage CiifiPTER 9. DELivERY others licensed under this division to provide professional 26090, (a) Deliverres, as defined in this division, rnay services at reduced or no cost to nonprofit licensees? only be made by a ?licensed retailer or microbusiness, or a (3) Should nonprofit licenses be Iii-nited to, or Prioritize licensed nonprofit under Section 26070.5. those, entities previously operati 2 On 3 not-for-profit basis (b) A customer requesting delivery shall maintain a primarily providing, whoie-plant marijuana and marijuana physicaf or eiectionic copy of the delivery request and products and 3 diversity of marijuana strains and seed shall make it available upon request by the r licensing ng stock to low-income persons.? authority`and law enforcement officers. (b), An-v Local Jurisdiction may issue temporary local' (c) A local jurisdiction shall not prevent delivery of licenses to nonprofit entities primarily providing whole- marijuana or marijuana products on public roads by a plant marijuana and rnarijuana products and a diversity of licen 7see acting in compliance with this division and local marijuana strains and seed stock to low-income pen3ons so law as adopted under Section 265200. long as the CHAPTER 10. h1AN,'TACTURERS AND TESTING LABORATO.Rif-S (1) Confirms the license applicant's status as 3 nonprofit 26100, The State Department of Public Health shall entity registered with the California Attorney General's 's promulgate regulations governr.ng I tile !licensing of F Registry of Charitable Trusts and that the applicant Is in mari.I I uana manufacturers and testing laboratories. Licenses good standing with all state requirements governing; to be issued are as follows: nonprofit entities; (a) "Manufacturing Level .1," for sites that manufacture (2) Licenses and regulates any such entity to protect mar!.ji I Lfana products using nonvolatile solvents, or no public health and safest and so as to require compliance solvents, with all environmental requirements in this division,; (3) Provides notice to the bureau of any such local licenses (b) .".Manufacturing Level 2," for sites that manufacture issued;sSued, including the name and location of any such marl.luana products using volatile solvents. 'icenseo Testing," for testing- of marijuana and rnarij,,.lana 1 4 entity and all local regulations governing the 6C) " ' licensed entity's operation, and; product,,. Testing licensees shall have their facilities or devices licensed according to regulations set forth by the 'y( ) Certifies to the bureau that any such cen,sed entil department A testing licensee shalt not hold a license in Will not generate annual gross revenues in excess of: two another license category of this division and shall'not own mithion, dollars ($2,000,000). ; or have ownership interest4.m a non-testing facility licensed (c) Temporary local licenses authorized under pursuant to this division. subdivision(b)shall expire after 12 months unless renewed (d) For purposes of this section, "volatile solvents" shall by the local jurisdiction, have the Same meaning as in subdivision (d) of (d) The bureau may impose reasonable additional Section 11362,3 of the Health and Safety Code unless requirements on the local licenses, authorized under otherwise provided by law orregLulation. subdivision (b), 26101, (3) Except as othenvise provided by 13. w� no (e) (1) No new temporary local 1 licenses shall be issued mari.plana or marijuana..uana products may be sold pursuant to pursuant to this section after the dale, the bureau a license provided for under this division UnIeSS 3 deterroines that creation of nonprofit licenses under this representative sample of such marijuana or marijuana 192 1 Text of ProrYlsed Liaws TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ) The State D eDartme nt of Public Health shall velo dep product has been tested by a .certified testing service to (by determine: procedures to: (I') Whether the chemical profile of the sarn'pie confortris (1) Ensure that testing of marijuana and /773rJjU3na I'o the labeled L content of compounds, Including, but not products occurs prior to distribution to retailers, /irr7ited to, all of:the foltowing: microbusinesses, or nonprofits licensed under (A) 'retrahydrocannabinol (THC), Sect-ior., 26070.5; (2) S ec','y how often licensees shall -,test marijuana and (B/I TetrPhydrocannabinolic Acid(THCA11. to I marijuana products, and that the cost of testing, marijuana (C) Cannabidiol (CBDJ,. shall be borne by the licensed cultivators and the cost of (D) C3n,nabidiolic Acid(CBDA). testing, marijuana products shall be borne bY Z licensed licensed . manufacturer, and that the costs of testingrnariiLtana and (E) The teroenes described in the most current version Of products shall be borne b a nonprofit licensed th,e cannabis infk-frescence rnonograph published by the marijuana prod. y American Herbal Pharmacopoeia, Under Section 2"6070.5; and 017") Cannabigerol (CBG), (3) Require destruction of harvested batches whose testing samples Indicate noncompliance with health and (G) Cannabinol (CBN). standards safety sta, - PrOML11F,3ted by the State Department oIf (2) Thai the presence of contaminants does not exceed Public Health, uril ss remedial measures can bring ffe the levels ;n fie most current version of the American 1773r/.j.1,13n,a or marijuana.. products into compliance with L I Lf . L 1 .0 1standards as pnormfigated by the State Herbal Pharrnacopoei,3 monograph. For purposes of this quality assurance st. I paragraph, contaminants includes, but is riot limited to, all, Dep3rtrPent of Public Health. of the following: 26105. Manufacturing, Level 2 licensees shall enact (A) Residual solvent or processing chemicals,. including Sufficient methods or procedures to caPtUre or otherwise ex,,-,!(-,slvc- gases, such as Butane, propane, 02 or H;,, and limit risk of explosion, combustion, or any other DOisOnS. toxins, or carcinogens, such as Methanol'. Icr, unreasonably dangerous risk to public safety created by propyl Alcohol, Meth'vlene Chloride, Acetone, Benzene, volatile solvents. The State Department of Public Health Toluene. and Tri-chloro-ethvlene, shall establish roinir0um standards concerning such methods and procedures for Level 2 licensees. (B) Foreign material, including, but not limited to, hai,,, insects, nsects, or sit-ritlat or related adulterant. 26106. Standards for the production and label I;n"a of all 1773r/,j.1,13n,a products developed by the State Departl-nen,t of (C) Microbiological impurity, including total aerobic Public Health shall apply to licensed manufacturers and r-fill CrO bial count, total yeast mold Count'.', P. aerugcfjnosa I microbusinesses, and nonprofits licensed under 3Sper,C'i1IUS 'pp., s. aureUs, aflatoxin B!, B2,. G!, or G2, or Sect fion 26070,5 unless otherwise specified by the State o..chratoxit.,A. Department of f Pub'1'ic Health. (b) Residual levels of volatile organic cornpounds shall CHAPTER1 _ITYAssu N, AND TESTING satisfy standards of the cannabis inflorescence monograph 1, QU,11 I RANCE, INSPECT/0 set by the United States Pharmacopeia (LI.S.P 26110, (P) Ali triatijuana and marijuana products shall Chapter 467). be subject to quality assurance, inspection, and testing, (c) The testing required red I by paragraph (a) shall be (b) All marijuana and marijuana products shall under-go performed in a marine.,consistent.with gener3l requirements quality assurance, inspection, and testing in the same- for the competence of f testing and calibrations activities. mariner as provided in Section 19326, except as otherl"vise including sampling, using standard methods established provided in this division or by law. by the international Organization for Standardization, CHAPTER 12. PACKAGiNG AND LABELING sp e c.ific,311Y IS0/1FC 17020 and ISO1E-C .17025 to test 26120, (P) Prior to delivery or sale ataretailer, m.3rit.-3na marijuana and marijuana Products that are approved by at,, and rnarijuana products shall be labeled and placed in a accrediting body that. is a signatory to the infemational j resealable, child resistant package. Laboratory Accreditation Cooperation Mutual Recognition Agreement. (b) Packages and labels shall not be triade to be attractive (d) Any pre-sale inspection,pection, testing transfer, or to children. transportation of marijuana products pursuant to this (c) All marijuana and marijuana product labels and inserts section shall conform to a specified chain of custody shall include the following information prominently protocol and any other requirement,, imposed under this displayed it,a clear and legible fashion in accordance with division. the requirernents, including font size, prescribed by the 2610Z A licensed testing, service shall not handle, test, bureau or the State Department of Public Health: or analyze ;Qrijuana or marijuana products unless the (1) Manufacture date and source. licensed testing laboratory meets the requirement', of 0 The following statements,. in bold print. Section 19343 or unless otherwise provided by law (A) For m,3,,-i -3na: "GOVERNMENT WARNING, THIS 26103. A licensed-,testing service shall issue a certificate PACKAGE C L CONTAINS MARIJUANA, A SCHEDULE I r each lot, with supportingdata, to report the CONTROLLED SUBSTANCE. KEEP CUT OF REACH OF of, analysis 1:o same information required it, Section 19344 or unless Cl-jILDREN AND ANIMALS. MARIJUANA MAY ONLY BE otherwise provided by ia w. POSSESSED OR CONSUMED BY PERSONS 21 YEARS 26104. (a) A licensed testingserviceshall, in performing OF AGE OR OLDER UNLESS Tlf-ff PERSON IS A activities ivifies concerning riff marijuana and mart,ivana products, QUALIFIED PATIENT MARIJUAA(A USE WH 11.E comply with the requiref Petits and restrictions set forth in PREGI\(ANT OR BREASTFEEDING MMY BE HARMFUL applicable law and regulations. (-,O1VSLfMPt'IONOFIV1l-lt?IjUliIV,6I IMPAIRS YOUR ABILITY Text of Proposal Laws 1 193 TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- TO DRIVE AND OPERATE MACHINERY PLEASE USE ('411 Homogenized to ensure ,iniforrn disburser-rient of EXTREME CAUTION. cann3binoids throughout the product. (B) For M13ri:tl3na products: "GOVERNMENT WARNING: (5) Manufactured and sold under sanitation standards j THIS PRODUCT CONTAINS MARLIUANA, A SCHEDULE 1 estab'fished by the State Deparm.ent of Public Health, in CONTROLLED SUBSTANCE. KEEP OU-11, OF REACH OF consultation with the bureau, for preparation, storage, CHILDREN AND ANIMALS. MARIJUANA. PRODUCTS MAY handling and sale of I food products. ONLY BE POSSESSED Or? CONSUMED BY PERSONS 21 (6) Provided to customers with sufficient information to YEARS OF AGE OR OLDER UNLESS THE PERSON IS A enable the 'informed consumption of such product, QUALIFIED PATIEN T THE iN 7-OXICA-l"ING EFFECTS OF including" the M1AR/jUANA F1 u e potential effects of the marijuana product RODUCTS MAY BE DELAYED UP TO TWO and directions as to how to consume the marijuana HOURS. MIARIJUAIVA USE WHILE PREGNANT Or? product, as necessaty. BREASTFFED ING MAY BE HARMFUL, CONSUMPTION (b) Marijuana, including concentrated cannabis, included OF MARULUANA' PRODUCTS IMPAWS YOUR ABILITY .7-0 ,.n a marijuana j.uana product manufactured in compliance with DRIVE AND OPERATE MACHINERY PLEASE USE law not considered anadulterant Under state law. EXTREME CA UTION." (3) For packages containing of dried flower, the net Ci*,,PTEP 14. PROTECTION OF MINORS weight of marijuana in the package, 26140. (a) No licensee shall, (4) Identification of the source and date of:cultivation, the (I) Sell rnarrivana or,marijuana products to persons under 2 , - type of n7ari-ivana or MarilL.ana product and the date of z 1 ye3ts Of age. manufacturing andpack3ginga (2) A flowany person under 21 years of age on its premises. (_17J) The appellation of origin, if any. (3,11 Employ or retain persons under 21 years of age. (6) List of pharmacologicallyactive ingredients, including, (4,, Sell or transfer marijuana or marijuana products unless 'I but notlim.ited to, tetfahydrocannab,,,,,,oI(THC), cannabidiol the person to whom the marijuana or marijuana product is (CBD), and other cannabinoid content, the THC and other to be sold first presents docunentation which reasonably cannabinoid amount if, milligrams pet, serving, servings appears to be a valid government--issued identification per package, and the THC and other cannabinoid amount card show.1agg that the person is 21 years of age or older. in roilligrans for the package total, and the potency of the "b) Petsons under 21 ;rears of age, n7av be used by peace marijuana or f-riarij.Liana Product by reference to the amount ( I - fficers in the enforcement of this division and to apprehend of of tetrahydro-3nnabinol and C317n,abidiol in each serving, licensees, or employees or agents of licensees, or other (7) For marijuana Products, 3 list of all ingredients and persons who sell' or furnish marijuana to minors. disclosure of nutritional information in the same manner Notwithstanding any provision of law, any person under 21 as the federal nutritional label'ing requirei-nents in years of age who purchases Or attempts to purchase any Section 101.9 of Title 21 of the Code of Federal marijuana while under the direction of a peace officer is Regulations. lmmune from prosecution for that purchase or attempt to (8) A iistofarysolvents,,,,,onorEanic,oest' ; I purchase marijuana. Guidelines with respect to the use of CIdes, herbicides, persons undet 21 years of I age as decoy-S shall be adopted and fertilizersthat were used in the cultivation, production, -v ith the and manufacture of'such rnarfi.uana or marijuana Droduct. and published 4v the bureau in accordance v rule,,nak.,,,.,g portion o't t'he A(Prnnistrative Procedure Act, (9) A warning if nuts or other known allef�gens are used. (Chapter 3.5 (commencing with Section 11340) of'Part 1 (10) information associated with the unique identifier Of Division 3 of Title 2 of the Government Code-), issued by the Department of Food and Agriculture. 6.c) Notwithstanding subdivision (a), a licensee that is aiso 01.7) Any other requirement set by the bureau or the State 3 dispensary licensed I L L dispensary under Chapter 3.5 icommencing Department of Public Health. with Section 19300)of Division 8 nay., (d) Only generic food names ;:nay be used to describe the (1) Allow on the pref-riises any person 18 years of age of' ingredients ngredients in edible marijuana products. older who possesses a valid identification card under Section 1 1362.71 of the Health and Safety Code and a (e) In tile event the bureau determines that marijuana is v3 1 11:o'govern,men t--issued 1 04 entification card; no longer a schedule I controlled substance under federal (P) Sell marijuana, marijuana products, and marijuana law, the label prescribed in subdivision (c)shall no longer require a statement that inatijuana is a schedule I accessories to a person 18 -gears of age- or older who controlled Substance. possesses a valid identification card under Section 113652.71 of the Health and Safety Code and a CIfA,--TER 13. i/7A17IJ'UAW PRODUCTS valid governmen t-iSS Lied identification card. 26130. (a) Marijuana products shall be: CHAPTFR 15. ADVERTISING AND MARKETING RESTRiCTIO.NS (1) Not designed to be appealing to children or easily 261550, For purposes of this chapter: confused with commercialiv sold candy or foods that do not contain marijuana. (3) "Advertise"me31'S the publication or dissemination of an advertisement, (0) Produced and sold with a standardized dosage OT (b) "Advertisement" includes any written or verbal cannabinoids, not to exceed ten (10), miflilaraMs statement, illustration, or depiction which is C31CLJ13tedto tear, hvdrocannabinol (THC)per serving. induce sales of narijuana or rnarrhiana products, including (3) Delineated or scored into standardized serving sizes if any written, printed, graphic, or other material, billboard, the marijuana product contains mote than one serving and sign, or other outdoor display, public transit card, other is an edible marijuana product in solid for.m, periodical literature, publication, or if,, a radio of,television 194 1 Text of ?rota sea Liaws TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- broadcast, or in any other media; except that such term, o't the advertised product bears an appellation, of origin, shall not include: and such appellation of origin appears if, the advertiseirrient; (1) Any label affixed to any marijuana of, marijuana (d) Advertise or market on 3 billboard or sin7ilar advertising products, or any individual covering, carton, or other device located on an Interstate High-way or State Highl"vay wrapper of such container that constitutes a Dart of the which crosses the border of any other state; labeling under provisions of this division. "e) Advertise or market marijuaria or ma,ijuaria Products (2) Anil editorial or other reading ing material (P,g., news in 3 manner intended to encourage Persons under the age release) in any periodical or publication or newspaper for of 211 years to consume marijuana or marijuana products; the publication of which no money or Valuable consideration "t,? Publish or disseminate advertising- or marketing ting is ,-,aid of-Promised, directly or indirectiv, bv any licensee, containing syrobols, lariguage, Music, geStUre-S, cartoon and which is riot written by or at the direction of t the characters or other content elements known to appeal licensee. primarily to persons below the legal age of cor.,sumption;or (d r,,.poster, display, bil I -1 board, (g) Advertise or market marijuana or marijuana products or anyother stationaryor pe,,rnane,,,L+iya�lfixedacj'L'(',rt'.-,;ser-riet7t promoting the sale Of marijuana or rnari I uana products on an advertising sign wi thin 1, 0 feet of a day care 00 which are not cultivated. manufactured,I distributed, or center. school providing instruction, in kindergarten or any grades -1 through 12, playground,. or youth center. sold on the same lot. 265153. No licensee shall give away any, amount of: (d) "Hpaith-related statement" means any statement mar,-j.uana of, n7ari.j I Liana products, or any marijuana related to health, and includes statements Of 3 curative or t accessories, as part of a business promotion or other therapeutic nature that, expressly or by implication, .,W st.lggest a relationship between the, constlrnption o,f commercial 7mercial activity. marijuana uana or Marijuana product, and health benefits, or 26154, No licensee shall publish or disseminate effects on health, advertising, or marketing containing any health-related statement that is untrue in any particular manner or tends (e) "Market" or "Marketing-"' means any act or process of isleaJ to create a ro, ing impression as ito t-he effects on prof-rioting or selling marijuana of, marijuana products, health of Marijuana consumption. h -h including, but not limited to, sponsorship of sporting events, point'.'-ol'-sale advertising, and developinevi- of 26155. (a) The provisions of subdivision (g) of products specifically designed to appeal to certain Section 26152 shall not apply to the placement of demographics. advertising-signs inside a licensed premises and which are 26151, (a) All advertisements and marketing shall ,not visible by normal unaided vision from a public place, Provided that such advertising signs do not advertise accurately and.16 bly identify the licensee responsible for mart.j,jana or mari.j.uana products in a manner i.ntended to its content. encourage persons Linder the age of 21 Years ito consui-ne (b) Any advertising or marketing placed in broadcast, marijuana.. or marijuana.. products. Cable, radio, print and digital comr-riunications shall only (b) This chapter does not appfy to any noncommercial be displayed where at least 71.6 percent of the aud'ience , speech. is reasonably v expected to be 211 years of age or older, as. determined by reliable, Lip-to-date audience composition CH-,Pr,-.R 16. RECOROS data.d 26160. (a) A licensee shall' keep accurate records of (d Any advertising of, marketing involving direct commercial ..marijuana activity. individualized communication or dialo e controlled by (b) All recor.srelated to commercial marijuana ac tivity as the licensee shall utilize a method of age affirmation to definedby the licensing-authorities shall be maintained for verify that the recipient is 21 years of age of,older prior to a rninitnuro of seven years, engaging in such communication or dialogue controlled by the 'licensee. For purposes of this section, such method of (c) The bureau ?rev examine the books and records Of 3 age affirmation n,,al i 7clude user confirl-173' ,on birth d3te_, -1 Li licensee and inspect the premises of a licensee as the disclosure, or other similar registrationmethod, licensing authority, or a state or local agency, deer-ris necessary to perform its duties under this division, All (d) All advertising shall be truthful and appropriately inspections shall be conducted during, standard business substantiated. hours of the licensed facilitv or at any other reasonable 26152. No licensee shall: time. (a) Advertise or market in a manner that is false or untrue (d) Licensees shall keeprecords identified by the licensing i.n any material particular, or that, irrespective of: falsity, authorities or, the premises of the location licensed. The directl y:1/Y1 or by ambiguity, omission, or inference, or by the licensingauthorities may triake any examination of the addition of irrelevant, scientific or technical matter, tends records of any licensee, Licensees shall also provide and to create a deliver copies of documents to the licensing agency upon (b) Publish or disseminate advertising or marketing ,-eqijc L, containing 317y Statement concerning a brand or product (P) A licensee, or its agent or employee, that refuses, i"fiat i,s inconsistent with any statement on the labeling impedes, obstructs, or interferes with, all inspection of the thereof: premises or records of the licensee pursuant to this section, (C) Publish or disseminate advertising or marketing has engaged in a violation of this division. coma y iningan statement, design, device, orrepresentation (f) If a licensee, or an agent or employee of a licensee, which tends to create the impression that the marijuana fails to maintain or provide the records required pursuant I L " 3citation originated in a particular Place or region, unless the label to this section, the licensee shall be subject to Text of Proposal Laws 1 195 TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- and fine of up to thirty thousand dollars ($30,000) per u,pdates to third-party aPplications. The sYstem, should individual violation. provide a test environment for third-party applications 10 26161. (a) Every sale or transport of marijuana or access that mirrors the production environment. roarij.uana products from one licensee to another licensee CHA.PTFR 18. LICENSE FFFs must. be recorded on a sales invoice or receipt. Sales invoices rivoices and receipts rnay be maintained electronically 26.180. Each licensing authority shall establish 3 scale and must be filed in such/773n,nerasto bereadi accessible of application, licensing and renewal fees, based upon the readily for examination by employees of the bureau or Board of cost of enforcing this division, as folkows., Equalization and shall not be commingled with invoices (a) Each licensing authority shall charge each licensee a .covering other commodit; s. licenstire and renev,13. 1 fee, as applicable. The licensure and I renewal fee shall be calculate,] to cover the costs of ('b Each I , sa'es invoice required by subdivision (a I shall include the name and address of the seller and shall administering this division. The licensure fee may vary I;nclude the f6flowing information: depending upon the varying costs associated' with administering the various regulatory requireirnents of this (1) Name and address of the purchaser. d.r.vi.Sion, as they relate to the nature and scope of the (2) Date of sale and invoice number. different licensure activities, including, but not limited to, (3) Kind, quantity, size, and capacity of packages of the track and trace program required Pursuant to Section 26170, but shall' riot exceed the reasonable n7arijuana ortnaniLlana products sold, regulatory cost,, to the licens,ing aUthOritl� (4) The cost to the purchaser, together with any discount (b) The total fees 3,1SeSSed PUrSU3111t to this division shall applied to the price as shown on the invoice, be set at an amount that will fairly and proportionately (5) The place from which transport of the marijuana or gen erate sufficient total revenue to fully cover the, total marijuana product vvas made unless transport was made costs of administering this division, from the premises of the licensee. (c) A'11 '1'icense fees shall' be set or,, a scaled basis by the (6) Any other information specified by the bureau or the licensing authority, dependent on the size of the business. licensing-authority (d) The IICen,sing authority shall deposit 311 fees collected CHAP-ER 17. TRACK AP4D T"-A,,,E SYSTEM in a r.ee account specific to that licensing authority, to be 26110. (a'" The Department of'Food and Agriculture, in, established in the Mairijuana Control Fund. Moneys in the consultation with the bureau and the State Board of licensing authority fee accounts shall' be used, upon Equalization, shall expand the track arid trace program, appropriation ation by the legislature, by I_, Lh _ the designated provided for under Article 75 (commencing with Section licensing authority for the administration of this division. 19335) of Chapter 3.5 of Division 8 to include the 2618.7, The State Water Resources Control Board, the reporting of the movement Of /773rijU3n,a and marrju3na Department of Fish and V-,Ndlife, and other agencies rnay products ithroughout the distribution .chain and provide, at" establish foes to cover the costs of their rnariivana 3 minimum, the same level of information for marijuana regulatory programs. and marijuana products as required to be reported 'or medical cannabis and medical' cannabis 'products, and in Ci*,,PTER I 9� RE PORTS;EPORTS; PERFORAIIANCE AUDIT addition, the amount of the cultivation tax due pursuant to -61 go. Beginning on March 1, 2020, and' on or before Part 14.5 (commencing with Section 340.10)of Division 2 March .1 of each year thereafter, each licensing authority of the Revenue and Taxation Code. The expanded track shall prepare and s,,,,brnit to the Legislature an annual and trace program shall include an electronic seed to sale report on the authorillys activities concernt.rig commercr.at software tracking system with data points for the different marifiLlana activitiesand post the report on the authoritv'3 stages of commercial activity including, but not limited to, Internet Web site. The report shall include, but not be cultivation,ii harvest processing, distribution,, inventory,. e 0 form lim.it d to, the same type of im .3tion specified in and sale. Section Ig353, and a detailed list of the petitions for V Th e he department, in consultation with the bureau, shall regulatory relief or rulemaking changes received by the ensure that licensees under this division are allowed to use office from licensees requesting modifications of the f tdivision.. third-patty applications, programs and intorr-riation enforcement of rules under-this technology systems to comply with the requirements of the expanded track and trace prcLaran7. described in 26.191. (a) Commencing January 1, 2019, and by +he California State subdivision (al) to report the micivemer.,11 of marijuana and -January 1 of' each Year thereafter, , marijuana products throughout the distribution chain and Auditor's Office sha.11 conduct a performance audit of the com,municatL-1 such information to licensi.ng agenc.,-es as bureau's activities Under this division, and shall' report oort its required by law. findings to the bureau and the Legislature by july I of that Y he report same year: 7- port shall include, but not be limiter) to, (c) Any software, database or other information technology the toliowingcf., system, utilized by the department to implement the expanded track and trace program shall support (I i The actual costs of the program. i;riteroperability with third-party cannabis business software The overall effectiveness of enforcement programs. applications and allow all licensee-facing isystem activities i (31", Any report submitted Pursuant to this section shall be to be performed through a Secure application Drograrnming submitted in compliance with Section 91195 of the interface (API) or comparable technology which is well , docurner.,+ed, bi-directional, and access'ible to any third- bover.nment Code. party applicationvalidated 1 that has been Ii ted and has (b) The Legislature shall provide sufficient funds to the appropriate c . propriate credentials, Th,API or comparable technology` California State Aud'tor's Office t to conduct, the annual shall have version control and provide adequate notice of audit required by this section. 196 1 Text of ProrYlsed Liaws TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ci,.4PTF,? 20, LOCA1 CONTROL 26211. (a) Funds for the initial establishment and 2 - I 6200. (a,) Nothing in thi's div.1sion shall be interpreted SuioPort Of 'h e regulatory activities Linder this division, to supersede or Limit the authority of a local jurisdiction to including L described in the public information program subdivision (c), and for the activities of the Board of adopt and enforce local ordin,ances to regulate businesses E-qualization under Par' 14.5 (commencing wil.h Section license(! under this division, Including, but riot fir-flited to, zor., 34010) of Division of the Revenue and fixation Code local ing,and land use requirements, business license 11 -get A� 0 ' ritil July 1, 2017, or until the 2017 Bua -c is requirements, and requirements related t reducing L enacted, whichever occurs later, shall be advanced from exposure to secondhand smoke, or to complettely prohibit the General Fund and shall be repaid by the initial proceeds the establishment or operation of one or more types of from, fees collected pursuant -to this division, any rule or businesses licensed under this division within he local re� urisdi(31hon, , -),ulatton adopi-ed puLsuant to +his division, or revenues collected from the tax imposed by Sections 34011 and V Nothing in this division shall be interpreted to require 34012 of the Revenue an(! T�axatjo,n Code, by J I.anuary h _ a licensing authority to undertake local law enforcement 2025. responsibilities, enforce local zoni.rig requi.renents, or (1) Flmds advanced pursuant to this subdivision shall be enforce local licensing requirements. appropriated -to the bureau, which shall distribute the (c) A local jurisdiction shall notify the bureau upon 1-moneys to the appropriate licensing authorities, as revocation ofanv local license, permit, or authorization for necessary to implement the provisions of this division, and a i I i,consee to engage .1-r., commercial marijuana activity to the Board of: E'(11tialization, as necessary, to implement within the local Jurisdiction. Within 11 0 days of notification, the provisions of F3- rt 14.5 (commencing, with Section the .1 10 Taxation Code. .he bureau shall inform the ,-eietia.nt .ficensi.ng,3,jtho,,-ities. 34010)ot Divls' n 2 ot the Revenue and 10 I'Vithin 10 days of being, so informed by the bureau, the I : 0 Within 45 days of this section becoming, operative: relevant levant,I'cens,in,"authorities shall commence proceemirigs Under ChaPter 3 (conmenc-ing with Section 26030) to 0) The Director of Finance shall detertnine an amount of determine whether a license issued to the licensee should the initial advance from, the General Fund to the MariA.'ana be suspended or revoked. Control Fund that does not exceed thirty million dollars (d) Notwithstanding paragraph 0/1 of subdivision (a) or" ($30,000,000); and Section 11362,3 of the Health and Safety Code, a local (B) There- shall be advanced a sum of five million dollars and ($5,000,000) from, the General Fund t the State LO La jurisdiction may allow for the smoking, MpOr/Zlng, Department of Health Care Services to provide for the ingesting of marii Vuana products on the ')ep I I .,uana or mari public information program, described in subdivision (c). premises of a retailer or m,icrobusir.,ess licensed under this division if: (b) Notwithstanding subdivision (3), the Legislature shalt provide sufficient funds to the Marijuana Control Fund to (1) Access to the area where marijuana consumption is support the activities of the bureau, state licensing allowed is restricted to persons 21 years of age and older; authorities under 'hhis division. and the Board of (2) Marijuana consuropton ; visib.le from any public Eq 1i IS not Lialization to support its activities under Part 1.4,5 place or non-age restricted area,: and ("com.rnencing, with Section 340.10) of Division 2 of the (3) Sale or consumption of alcohol or tobacco is not Revenue and Taxation Code. It is anticipated that this allowed on the prernises. funding will be provided annually beginning on july 1, 20.17, 26201. Any standards, requirements, and regulations "c State Department of Health Care Services shall regarding health and Safety, environmental protection, ( -) The Stat I testing, I establish and implement a public information program, no f,stir.,g, security, food safety, and worker prote.-tions later than September .1, -.2017. This public information established by the state shall be the minimum star.,da'rds roizn3m shall, at a minimum, describe the provisions of I local P -- ,;or all licensees tinder this division statewide. A the Control, R I egulate and Tax Adult Use of Marijuana Act jurisdi("Itlon may establish addithonal standards, of 20.76, the scientific basis for restricting access of requirements, and regulations. marijuana and marijuana Products to persons Under the 26202. (a) A local Jurisdiction, may enforce this division age of2lyears, describe the penalties for providing access and the regulations promulgated by the bureau or any to mar iJuana and marijuana Products to persons under the licensing, I I I I. ising,authority if delegated the power to do so by the age of 21 years, provide 'i-iforn7ation regarding the dangers bureau or a licensing authority of driving a motor vehicle, boat, vessel, aircraft, or other (b) The bureau or any licensing authority shall implement vehicle used for transportation while impaired from /773rijU3n,a use, the potential harms 01' US'172 1173rijtl3na the delegattior., of enforcement authority in subdivision �a) through a memorandui-n of underst3. h,ding between the v'hile pregnant or.bireastfeedir.,gy, and the, Potential harr-ris bureau or licensing authority and the local jurisdiction ,r urisdiction to of overusing M3nJU3na or products. which enforcement authority is to be delegated. SEC. 6.2. Section 147.6 is added to the Labor Code, to C;-i,4,r,rER 21. FUNDING read: 26210. (3. ) The Medical Cannabis Regulation and Safety 147.6 (a) By March 1, 20.18, the Division of Act Fund established in Section .19351 is herebv rename Occupational Safety and 1-lealth shall' convene an advisory the Marijuana Control Fund. committee to evaluate whether there is a need to develop i clustry Le LO I 'nd -specific regulations relatd t the activities of (b) Upon the effective date of this section, whenever licensees tinder Division 10 (commencing with "Medical Cannabis Regulation and Safety Act Fund" Section 26000) of the Business and Professions Code, appears in any statute, regulation, Or contract or in any including but not. limited to, whether specific requirements other code, it shall be construed to refer to the Marijuana are needed to address exposure to second-hand Mari'iLfana Control Fund. smoke by employees at facilities vvhere on-site consuMPI.1011 Text of Proposal Laws 1 197 TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- of marijuana is permitted under subdivision (d) of (d) "Marijuana"shall have the same mean.ing as set forth Section 26200 of the Business and Professions Code, and in Section 110.78 of the Health and Safety Code and shaft whether specific requirements are needed to address the also mean medical cannabis. potential risks of combustion, inh3l3t,;O/,,, armed robberies ie) -Mai-iivara products"shall have the same meaning as or repetitive strain injuries, "n So I J set forth 1 Section 11018. ' of the 1-lealth and Safety I l (b) BY October 1, 201.8, the advisorY committee shall Code and shall also mean medical concentrates and present to the board its findings and recommendations for medical cannabis products. consideration by the board. By October 1, 2018, the board - "Marijuana flowers"shall mean the dried, flowers of the shall render a decision regarding the adoption of industry- M30JU3n,a plant as defined by the board. specific regulations pursuant to this section. (g) "Marijuana leaves" shall mean all parts of the SEC. 6.3. Section 13276 of the Water Code is amended marijuana plant other than marijuana flowers that are sold to read: or consumed. 'I I -r L 3276. (a) The multiagcancv task force, the Department (h) "Gross receipts"" shaft have, the same meaning as set of Fish and Wildlife and State Water Resources Control forth in Section 6012. Board pilot project to address the Environmental Impacts (i.) "Retail sale"shall have, the sarne meaning as set forth of Cannabis Cultivation, assigned to respond to the in Section 600r. damages caused by marijuana cultivation on public and " -, private lands in California, shall continue its enforcement d "Person" shall have the same meaning as set forth in�004;, state n ( efforts rwide level to ensure the reduchor of adverse impacts ts on a permanent basis and expand them to a e_ti o(k) "Microbusiness" shall have the same roeani as set a of marijuana cultivation on water quality and on fish and forth in paragraph(3)ofsubdivision(a)ofSection 260110 ol, wildlife throughout the state. the Business and Professions Code. (b) Each regional board shall, and the State Wafer te (1) "Nonprofit"shall have the same meaning as set forth in Resources Control Board may, address discharges of waste Section 26070.5 of the Business and Professions Code. resulting frorn medical marijuana cultivation and 34011, (a) Effective January 1, 2018, a marijuana commercial marijuana cultivation under Division 10 of the excise tax shall be imposed upon purchasers O1'M3ri:U3na i Business and Professions Code and associated activities, or marijuana products sold in this state at, the rate of 1 15 including by adopting a gene-rai permit, establishing waste. percent of the gross receipts of any retail sale by 3 discharge requirements, or taking action pursuant to dispensary or other person required to be licensed pursuant Section 13269. In addressing these a discharges, each to Chapter 3.5 (commencing with Section 7-0300) oil se regional board shall include conditions to address iterns Division 8 Of the Business and Professions Code or a retailer, microbusiness, nonprofit, or other person required that include, but are not 1irnited to, all of the following: to be licensed pursuant to Division 10 (commencing with (1) Site development and maintenance, erosion control, Section 26000) of the Business and Professions Code to and drainage features. sell marijuana and I marijuana products directly to a (2) Stream crossing installation and maintenance. purchaser (3) Riparian and wetland protection and managerncent. (b) Except as otherwise provided by regulation, the tax (4) Soil disposal. levied under this section shall apply to the full price, if nonitemized, of an"V transaction involving both marijuana (5) Water storage and use. or marijuana products and any other otherwise distinct and identifiable goods or services, and the Price ofanY Foods or (6) Irrigation runoff. services, if a reduction in the price of M13rq U3na or (7) Fertilizers and soil. marijuana products is contingent on Purchase of t those (8) Pesticides and herbicides. goods or servi.ces. (9) Petroleum products and other chemicals. (c,) A dispensary or other Person required to be licensed pursuant to Chapter 3.5 (co,,-,,7menc-ing with Section 10 Cultivation-related waste. .19300)ot'Division 8 of the Business and Professions Code 1 or a retailer, microbusiness, nonprofit, or other person (11) Refuse and human waste, required to be licensed pursuant to Division 10 i' Cle anup, ) restoration, and mitigation, (commencing with Section 260001) of the Business and SEC. 7. I'Marijuana Tax. Professions Code shall be responsible for collecting this tax and remitting it to the board in accordance with rules -L SEC, 7.1. Part 14.5 (commend ng with Section 340 0) and procedures established under law and any regulations is added to Division 2 of the Revenue and Taxation Code, adopted by the board. to read: (d) The excise tax imposed by this section shall be in PART 14.55. )VARIJUANA TAX addition to the sales and use tax imposed by the state and 34010. for purposes of this part: local governments. (a) "Board" shall mean the Board of Equalizattion or its ( ,"e' Gnos,s receipts from the sale of marijuana or marl liana successor agency. products for purposes of assessing the sales and use -tax under Part I of this division shall include hhe tax levied (b) "Bureau"shall mean the Bureau of Marinivana Control pursuant to this section. within the Department of Consumer A ft ir,3. f1i'll(1" No marijuana or marijuana products rr7ay be sold to a (c) "Tax F'I"no" means the California Mar;;uana Tax Fund purchaser unless the excise tax required by law has been created by Section 34018. paid by the purchase,,at the time Of sale. 198 1 Text of ProrYlsed Laws TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (g) The sales and use tax unposed posed by Part I (commencing (j) The fax imposed by this section shall be imposed on all with Section 6001)shall'not appi_,l to retail safes of medical marijuana cultivated in the state pursuant to rules and cannabis, medical cannabis concentrate, edible medical regulations promulgated by the board, but shall' not apply cannabis products or topical cannabis as those terms are to marijuana cultivated for personal use under defined I J efin,ed 'n Chapter 3.5 (corr7mencing with Section 19300 i Section .11362.1 of the Health and Safety Code or of Division 8 of the Business and Professions Code when a cultivated b"v a qualified patient or primary caregiver in qualified patient or pr!.rr7ary caregiver for a qualified patient accordance with the Compassionate Use Act. provides his or her card 1.5-Sued under Section 11362.71 of "k I 1 k 0 Beginning January Z, 2020, the Yatesrates, set forth in 4 the Health and Safety Code and a val I;0 government-issued identification card. subdivisions(a), (b), and shall be adiusted by the board annually thereafter for inflation. 34012. (a) Effective January 1, 2018, there, is hereby 34013. (P) The board shall administer and collect, the Imposed a cultivation tax on all harvested narij,,,,ana that" taxes imposed by 'his part pUrSU3nt to the Fee Collection enters the commercial market upon all persons required to p nocedures Law(Part 30(commencing with Section 55001) be licensed to cultivate marijuana pursuant to Chapter 3,5 of Division 2). For purposes of this part, the references in (commencing with Section 19300) of Division 8 of the the Fee Collection Procedures Law to "fee" shall include Business and Professions Code or Division 10(corrinencing the tax imposed by this part, and references to "feepayer" with Section 26000) of the Business and Professions Code. The fax shall be due after hhernari,j.uana i I s harvestedi. shall include a per-son irequired to Pay or collect the tax im posed by this part. (1) The tax for marijuana flowers shall be nine dollars and (b) The board may prescribe, adopt, and enforce '-wer.ty-five cents ($9.25)per drv-weight ounce. regui I a ti.ons relathng to the ad.rninistration and enforcement (2) The tax for marijuana leaves shall'be set at two dollars of this part, including,, bus not. limited to, collections, and.seventy-five cents ($2.75)per dry-weight ounce, reporting, refunds, and appea!s. (b) The board may adjust the tax rate for marijuana leaves (c) The board shall adopt necessary rules and regulations annually to reflect fluctuations in the relative price of to administer the taxes in this Dart. Such rules and marijuana flowers to 1-173riliLl3na leaves. re.gTulafions maY i.ncl ude methods or procedures to tag (c) The board may from time to time establish other marijuana or marijuana products, or the packages thereof, c payment. categories of harvested nriarijuana, caL'6'g0.ries for to designate prior fax pa, unprocessed or frozen nari.juana or ir-rinatuire plants, or (d) the he board may prescribe, adopt, and enforce any Mari/.U3na that is shipped directly to manufacturers. These emergency regulations as necessary 'to implement, mplement categories shall be taxed at their relative value cot-ripated adlininister and enforce its duties under this division. Ann_� with marijuana flowers. emergency regulation prescribed, adopted, or enforced. the he board may prescribe by regulation a nethod and pursuant to this section shall be adopted in accordance Manner for payment of the cultivation, tax that UthfiZeS tax with Chapter 3.5 (commencing with Section 11340) of star-rips or state-is-sued Product bags that indicate that all Part I of Division 3 of Title 2 of the Government Code, requited fax has been 03id On the product to which the fax .349,6 x and,forpurposes of that chapter,includingSection 1.7 of the Government Code, the adoption of the regulation is stamp is affixed or in which the narijL,,,ana is packaged. an emergency and shall be considered by the Office of (e) The tax stamps and product bags shall be of the Administrative Law as necessary for the immediate 1 10 of the Dublic peace, -health and safety and designs, specifications and denominations as ina-v be preservation I L prescribed by the board and may be purchased by any general welfare. Notwithstanding any other provision of licensee under Chapter 3,5 (comr-riencing with law, the emergency regulations adopted by the board may, Section 19300) of Division 8 ol, the Business and ren7a'in in effect for two years frofri adoption. Professions Code or under Division 10 ("comirnencing with Section 26000.)ol, the Business and Professions Code, (e) Any person who fails to pay the taxes imposed Dosed under this part shall', in addition to owing the taxes not paid, be (f) Subsequent to the establishr-rient o't a tax staniP subject to a penalty of at least one-half'the amount of the ..- program, the board may by regulation provide that no taxes not paid, and sh' all be subject to having its license marijuana may be relinoved from a licensed cultivation revoked pursuant. to Section 2603.1 of the Business and fa cility or transported on a public hightvay unless in a Professions Code Or pursuant to Chapter 3.5("conrin7encing i state-issued product bag bearing a tax stafrill)in the proper with Section 19300) of Division 8 of the Business and denominall'On. Professions Code, (g) The tax stamps and product bags shall be capable of (f) The board may bring such legal actions as are necessary being, read b'v a scannil g or similar device and must be to collect- any deficiency in the tax required to be paid, traceable utilizine the track and trace systern Dursuar.,-11 to L and, upon the hoard's request, the Attorney General shall Section 261170 of the Business and Professions Code, bring the actions. (h,) Persons required to be licensed to cultivate marijuana 34014. (a) All persons required to be licensed involved pursuant to Chapter 3_5 (commencing with Section in the cultivation and retail sale of marijuana or nari.j.L,,,ana 19300)of Division 8 of the Business and Professions Code products must obtain 3 Separate permit from the board or Division 1.0 (commencing with Section 26(J00) of the pursuant to tegulations adolted by the board. No fee shall Business and Profess.ions Code shall be responsible for be charged to any person for iSSU317—Ce Of the permit. Any payn,ent-o.t the tax purst,.iant- to regulations adopted by the person required to obtain a permit who engages in business board. No marijuana may be sold unless the tax has been as a cultivator, djispenS3ty, retailer, microbusin,ess or paid as provided in this part, nonprofit'.- pursuant to Chapter (comr-riencing with i,,, Ali marijuana removed from, a cultivator's premises, Section 19300)of Division 8 or Division 10 (commencing except for plant -waste, shall be presumed to be sold and with,Section 26000)of the Business and Professions Code thereby taxable under this section. without a permit or after 3 permit has been canceled, Text of Proposal Laws 1 199 TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- suspended, or revoked, and each officer of any cotporation (2) Inspections may be at any place at which marijuana or which so engages in business, is cufl_,t,/of a misdemeanor marijuana products are sold to purchasers, Cultivated, or guilty (b) The board 1773 require re every licensed dispensary, store.d, or at. anY site where evidence of activities involving y n , evasion of tax may be discovered. cultivator, microbusiness, nonprofit, or other 'Derson require(! to be licensed, to provide security to cover the (3), /nspections shall be requested or conducted no more I Vabilitv for taxes imposed by state law on n7ajuana t than once I.n a 24--hour oeriod. ri produced or received 4v the cultivator, microbusiness, (b) Any,person who fails or refuses to allow an inspection nonprofit, or other person required to be licensed 1/7 shall be guilty of a i-nisdemeanor. Each offense shall be accordance vvith procedures to be established by the punished by a fine not to exceed five thousand dollars ,thst Ing I board. Notwithstanding anything herein to the contraty, ($5,000), or imprisonment not exceeding one year In 3 the board f-riav waive any'security requirement it if-ripo-ses 'or county Jail, or both the fine and imprisonment. The court good cause, as determined by the board. "Good Cause'I shall order any fines assessed be deposited in the California includes, but is not limited to, the inability ol'a cultivator, Marijuana Tax Fund. microbusiness, nonprofit, or other person required to be licensed to obtain security due to a lack of service providers (c) Upon discovery by the board or a law enforcement or the DOliCieS of service providers that prohibit Service to agency' that a licensee or any other person Possesses, a 1-1173ri/L13na business. A person may not commence or stores, owns, or has made a retail sale of marijuana or conil.nue any business or oPeratiOn relating "to may.;,i j tjana 1773.r1,'U3n,a products, without evidence of tax payn7ent or Cultivation until any surety required by the board with not contained in secure packaging the board or the law III, enforcement agency shall be authorized to seize the respect to the business Or Operation has been properly Is. Any marijuana or prepared, executed and submitted under this part. 17,730.j I U3n,a Or M3riluana product marijuana products seized by a law enforcement agency or (c) In fixing, the amount of any security required by the the board shall within seven days be deened forte'ited and board, the board shall give consideration to the financial the board shall COMply With the procedures set forth, in hard.shi'D that may be imposed on licensees as a result Of Sections,30436 through 30449, inclusive-. any shortage of available surety providers. (d) A n v k .. per-son who renders false or tn3udulent report`. is 34015. (a) The marijuana excise tax and cultivation tax croiy,lt of a misdemeanor and subject-to a fine not to exceed 61 imposed by this part is due and payable to the board one thousand dollars ($1,000) for each offense. quarter,�y on or before the I st dal of the month following,a each quafterl period of three months. On or before the e) Any violation, of any provisions of this part, except as Y t, oMerwise provider, is a misdemeanor and is punishable as last da-v of the i-nont-h foltowing each quart-erly period' a such. return for the preceding quarterly period shall be filed with the board by each person required to be licensed for All moneys remitted to the board under this Dart shall cultivation or retail sale under Chapter 3.5 (commencing be credited to the California Mt3riftl3na Tax Fund. L with Section 1.9300) of Division 8 or Division .10 34017, The Legislative Analysts Office shall submit a (cotrin,encing with Section 2600C�) of the Business and report to the Legislatiire by fanuary 1, 2020, with media.Code using electronic edia. Returns shall be recommendations to the Legislature for adjustments to the authenticated in a form or pursuant to methods as may be tax rate- to achieve the goals of undencutting, illicit market prescribed by the board. If the cultivation tax is paid by pr'ices arid discouraging use kv persons yovaszet than Ct stamp pursuant to subdivision (d) of Se lion 34012 the 21 Years of age while ensuring sufficient revenues are, board may by regulation determine when and how the tax generated for the orogr3. l-,7s identified in Section 34019. sha.it be paid. 34018. (a) The Califomia Marijuana Tax Fund is hereby (b), The board may require every person engaged in the created in the State -,Wpasurv. The Tax Fund shall consist of e Cultivation, distribution or retail sale of marijuana and all t,3XeS, interest, penalties, and other afP u -o nis collect d marijuana products required to be licensed pursuant to and paid to the board pursuant to this ,-,art, less payment. Chapter 3.5 (.commencing with Section 19300) ot, of reft.inds, Division 8 or Division 10 ("comiri7encing with, Section , 26000)of the Business and Professions Code to file, on or (b.) Notwll-hstand-ing any other lai4� the California Mar�ivana before the 25th day of each month, a report using electronic lax Fund is a special trust fund established soffely to carty media respecting, the per-son's inventory, purchases, and out the purposes of the Control, Regulate and T3x Adult sales during-the precedingmonth and any other intort-riation Use of Marijuana Act and all revenues deposited into the as the board may require ITO Carry Out the Purposes of this lax Fund, together with ,interest or dividends earned by the fund nd, are hereby co for the part Reports, shall be authenticated in 3 form Or pursuant ntinuously appropriated te I purposes of the Control, Regula , and Tax Adult Use of 1.0 methods as may be prescribed by the board. Marijuana Act without regard to fiscal -year and shall' be" 340.16, (a) A n v peace officer or board employee granted expended only In accordance with the provisions of this I Wridd peace offie ; cer status pursuant to paragraph (6) of part and its purposes. subdivision (a)of Section 830.11 of the Penal Code, Upon (c) Notwithstanding any other law, the taxes imposed by presenti/71g, appropriate credentials, is authorized to enter . this part and the revenue derived therefrom, including 317y place as described in paragraph (3) and to Conduct inspections in accordance with the follovving, paragraphs, I/WeStnlent interest, shall not be considered to be part of he-?CI I usive. the General; Fund, as thai term is tised ir., C,'.,a'Mter I (conrinmencing with Section 16300 of Part 2 of DiVisiOn 4 (1) Inspections shall be performed in ateasonable manner of the Government Code, shall not be considered General and at times that are reasonable under the circumstances, Fund revenue for purposes of Section 8 of Article XVI of taking into Consideration the n0rM31 business hours of the the CaliforniaConst'tution and its ; plent'ing statutes, I I Im en place to be entered. and shall not be considered "moneys" for purposes of 200 1 Text of ProrYlsed Liaws TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- subdivisions (a) and (b) of Section 8 of Article XVI of the findings at a minimum of every two.,years and shall make California Constitution and its implementing statutes. the reports available to the public. The bureau shall select 34019. (3. 1 Beginning with fiscal year z I the universities to be funded. The research funded 2017-20 18 the Department of Finance shall estimate revenues to be pursuant to this subdivision shall include but riot received Dursuant to Sections 34011 and 34012 and necessarily be limited to: provide those estimates to the Controller no later than (1) impacts on public health, including health costs June 15 of each year. The Controller shall use these associated with marijuana use, as well as whether estimates when disbursing funds pursuant to this section. marijuana j I uana use i.s associated -with an Increase or decrease Before any funds are disbursed pursuant to subdivisions(b), in use of alcohol or other drugs. (c), (d), and(e)of this section, the Controller shall disburse 0 The impact of treatment for maladaptive 1-1730.i.U3na fr om the Tax Fund to the appropriate account, -without use and the effectiveness of differenttreatment programs.regard to fiscal year, the following: (3) Public safety issues related to marijuana use, including (1) Re3SOn,able costs incurred by the board for studying the effectiveness of the packaging and labeling administeriaiz and colleciting, the taxes imposed by this requirerrients arid advertising and mairkeltIng irestriction s part; provided. however. such costs shall not exceed 4 Li contained in the act at preventing underage access to and percent of tax revenues received, use of marijuana and marijuana products, and studying (2) Reasonable costs incurred by the bureau, the the health-related effects among users of varying ng potency Department of Consumer Affairs, the Department of Food levels of:i-narijuana and r-riar;;uana piroducts. and Agriculture, and i the State Department of Public (4) Marijuana use rates, maladaPtive use rates for adults Health for implementing, administering, and enforcing and youth, and diagnosis rates of marijuana-relaled Chapter 3.5 (commencing with Section 19300) of substance use disorders. Division 8 of the Business and Professions Code and Division 10 (commencing with Section 26000) of the (5) Marijuana market prices, illicit market prices, tax Business and Professions Code to the extent those costs structures and rates, including an evaluation of how to are not reimbursed pursuant to Section 26.180 of the best tax marijuana based on potency and the structure Business and Professions Code or 3.5 pursuant to Chapter aid d function of licensed marijuana businesses. L - , 'comm Ing I I enc; with Section 19'-'00,1 of Division, 8 of the (6) Whether additional protections are needed to prevent Business and Professions Code. This paragraph shall unlawful monopolies Or anti-competitive behavior from remain operative through fiscal year 2022-2023, occur ringcf in the nonroedica/marijuana uana industry arid, if so, (3) Reasonable costs incurred by the Department of Fish recommendations as to the most effective measures for and Wildlife, the State Water Resources Control Board, preventing such behavior. and the Department of Pesticide Regulation for carrying (7) The econornic impacts in the private and public out their respective duties under Chapter 3.5(commencing sectors, including, but not necessarily limited to, Job with Section '9300) of Division 8 or Division 10 creation, workplace safety, revenues, taxes generated for (commencing with Section 26000) of the Business and state and 1OC31 budgets, and criminal justice impacts, Professions Code to the extent those costs are not otherwise including, but not necessarily limited to, ir0pacts on law reimbursed. enforcement and public resources, short and I J I ong term (4) Reasonable costs incurred by the !Controller for consequences of involvement in the criminal justice Perforl-ning duties imposed by the Control, Regulate and system, and state and Local government agency Tax Adult Use of MariiUana Act, including the audit administrative costs and revenue. required by Section 34020. (8) Whether the regulatory agencies tasked with (5) Reasonable costs incurred by ithe State Auditor fo', implementirl.L,1 and enforcing the Control, Regulate and Ifox conductine the performance audit PUrSU3171 t to Adult Use of Marijuana Act are doing so consistent with Section 26191 of the Business and Professions Code. the Purposes of the act, and whether different agencies (6) Reasonable costs incurred by the Legislative Analyst's might do so more effectively. 0 11`0 production ffice for performing duties imposed by Section 340.17. (9) Env; rinental issues related to roarijuana product (7) Sufficient funds to reimburse the Division of Labor and the criminal prohibition of marijuana production. 10) 6 10 1,io- Standards Enforcement and the Division of Occupational ( Y The .9T Oc,,ra,Dhic locat' n, structure, and funct n of Safety and Health within the Department of ln,dustri.ai I licensed marijuana businesses, and detrograph'ic data, Relations and the Enployment Develo'or-rient Department including race, ethnicity, and gender, of license holders. for the costs of applying and enforc:n 1 -1 1 1 estate labor laws to (11) The outcomes achieved by the changes in criminal licensees under Chapter 3.5 (commencing ng with Section penalties made under the Control, Regulate and Tax Adult 19300) of Division 8 and Division, 10 (commencing with Use of Mar;iJ;uana Act for marijuana-related.uana-irelatted offenses, and l Section 26000)of the business and Professions Code, the outcomes Of the Juvenile,-lustice system, ystem, in particular, (b) -11.1 fie Controller shall next disburse the sum of to probation-based treatments and the frequency of up- rr7 ar a Or Marift/ana ch ging illegal possession of trarijuar, iflion dollars ($10,000,000) ITO a Public university or . is offense. urilvFrsifies in California annually be.gTinnfin.gT with fiscal products to more serious year 2018---2019 until, fiscal year 2028---2029 to research (c) The Controller shall next disburse the surn of three and evaluate the implementation and effect of the Control, million dollars ($3,000,000) annually to the Department Regulate and T,3x Adult Use of Marijuana Act, and shall, if of the California Hightvay Patrol beginning fiscal year apprO,Dr,;3L'e, make recommendations to the Legislature 2018-2019 until i fiscal year 2022 2023 to estab,fish and and Governor regarding- possible amendments to the adopt protocols to determine whether a driver is operating Control, Regulate and Tax Adult Use of Mariivana Act. The a vehicle while impaired, including irnpairnnen t by the use recipients of these funds shall publish reports on their or.marijuana or marijuana products, and to establish and Text of Proposal Laws 1 201 TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- adODt protocol's setting forth best practices to assist law care providers, juventle and farnilv courts, and others to en&cementagencies, The depait men t may hire personnel recognize and reduce risks related to substance use, and LO establish the Pf'OtOCOIS S'DeCified in this subdivision. In the early signs of problematic use and of Substance use addition, the departmentmav make grants to Public and disorders. private research institutions for the purpose of devel-oping t> (B) Grants to schools to develop and SLID ort student technology for determining when a driver is operating a , p I assistance programs, or other similar programs, designed vehicle while impa.'aired, including iropainment by the Use OT to prevent and reduce substance use, and improve school marijuana or magi. uana products, I J retention and per rfor dance, by supporting students who (d) The Controller shall next disburse the sum of ten are at risk of dropping out of school and promoting million dollars ($10,000,000) beginning fiscal year alternatives to suspension on or expulsion that focus on school I 2018-2019 and i.ncreasi.ng- ten million dollars retention, ternediation, and professional care. Schools ($10,000,000) each fiscal year thereafter until fiscal year with higher hhan average dropout rates should be prioritized I L v ,oa 1,-�s. 2022-2023 at which +fine the disbursement shall be fift for g, million dollars ($50,000,000) each year thereafter, to the Governor's Office of Business and Economic Development k IC) Grants to programs for outreach, education and I.n consultation with the Labor and Workforce Development treatment reatment for hornpless you,'.,,',and out-of-school youth with Agency and the State Department of Social Services, to substance use disorders. adroinister a community reinvestments grants program to (D) Access and linkage to care provided by county local health departments and at least 50 percent to behavioral health programs for youth, and their families qualified community-based nonprofit organizations to and caregivers, who have a substance use disorder of,who support job placement, mental health treatment,substance are at risk for developing a Substance use disorder. use disorder treatroent, system navigation services, J I ega i (E) Youth--focused substance use disorder treatment services to address barriers to reentry, and linkages to roedical care for communities disProportionaz'L-Ily affected programs that are culturally and gender competent, by past federal and state drug policies. The office shall ttauf-ria- Ted, -baseda,.1d,DrO�.,i,'jeaco,,.,-,11',"LILl,77 of care that includes screen,i.ng and assessment(substance I Solicit input from commiunilly-based Job skills, job t, 1. d eras well as mental health), early in t ervemi0n, placement, and legal service providers vvith relevant se 01sor' expertise as to the the grants orogram, In active treatment, family involvement, case nanagcfernent, addition, the office shall periodically evaluate the programs overdose prevention, prevention of communicable diseases it,ls finding to detterinine the effectiveness of the programs, related relat ed to substance use, relapse management for shall not Spend more than, 4 Percent for administrative substance use and other co-occurring- behavioral health costs related to impleinetntattion,, evaluation and oversight disorders, vocational services, literacy iteracy services, parenting of the programs, and shall awardgr3. nts annually, beginning classes, family therapy and counsel,,ing services, no later than January 1, 2020. n— assisted-assi sted treatments, psvchiatric medication arid psychotherapy, K/hen indicated, referrals rust be 'e) T 1he Controller sha' next disburse the SUm, of two 1773de to other providers. million dollars ($2,000,000)annually to, the University of California San Diego Center for Medicinal Cannabis (F) To the extent permitted by law and where indicated, Research to further the obJectives of the center including im-erventions shall utilize a two-geneiration approach to the enhanced understanding of the efficacy and adverse addressing substance use disorders with the capacity to effects of marijuana as a pharmacological agent, treat Youth and adults together. This would include t'I J - supporting the development of family-based interventions By juljv 15 of:each fiscal year beginning in fiscal year that address substance use disorders and related proble f-ris - g 2018--2019. the Controller shall, after disbursing funds within the context of families, inClU9 din parents, foster pursuant to subdivisions (a), (b), (c), (d), and(e), disburse parents, caregivers and all their children. funds deposited in the Tax Fund during the prior fiscal year into nto sub-trust accounts, which aire hereby created, as (G) Programs to assist individuals, as well as families and f0flows: friends of drug USi!7g Young People,. to reduce the stigma (1) Sixty percent shall be deposited in the Youth F associated with substance use including being diagnosed L Education, with a substance use disorder or seeking substance use Prevention, Early Intervention and Treatmient ACCOUnt, and J fig ,disbursed by the Controller to the State Depaitment disorder services. This includes peer-run outreach arid education to reduce sfi a. anti.-stigma campaigns, and Health Care Services for programs for youth that are gM designed to educate about and to prevent substance use con7munityrecovery networks, disorders and to pfeVOM' harm, from Substance use. The (H) 'Workfoirce training and wage structures that increase State Department of Health, Care Services shall enter into the hiring pool of behavioral health staff with substance interagency agreements with the State LDepartment of use disorder prevention and treati-nen,t expertise. Provide Public Health ith and the State Department of Education ion to ongoing education and coaching ing that increases substance I;mplernent and administer these programs. The prograins use treatment PrOVidlirS' Core COMpetOnCieS and trains shall if emphasize accurate education, effective prevention, providers 017 Promising and evidenced-based practices. early inteirvention, school retention, and hmeljv treatment (' ', Construction of' community--based }youth h-nent services for youth,, their families and caregivers. The if _, uth treal programs may include, but are not limited to, the following facilities. components: (J) The departments nay contract with each county (A) Prevention and early intervention services Including, behavioral health program for the provision of services. outreach, risk survey and education to youth, families, (b.") Funds shall be allocated to counties based on caregivers, schools, primary care health providers, demonstrate,] need, including the number of youth h in the behavioral health, and Substance use disorder service county, the prevalence o't I substance use disoirders among providers, community and faith-based oiganizations, foster adults, and confirmed through statistical data, validated 202 1 Text of PrerYlsed Liaws TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 3SSessm,ents or submitted reports prepared by the General Fund appropriations to the Department of Fish applicable county to der-rionsittate and validate need. and Wildlife and the Department of Parks and Recreation (L) T,'.,e departfinents shall periodically evaluate the shall not be reduced below the levels provided in the Budget Act of 2014 ("Chapter 25 of the Statutes of 2014), programs they are funding to determine the effectiveness of the Ptograii-ris. (3) -l"Wenty percent$barIl e deposited into ithe State artd M' The departments mav use ,,D to 4 oercent of the Local Govet,,,.,n,,erit'LqwEtiforcefper7tACCOUI',L'and disbursed by the C -as fo Moneys allocated to the Youth Education, Prevention, , ontrollef flows: Farl Inlervention and TreatmentAccount for administrative 0) 1,o the Department of the California Highway Patrol for -ng costs related to implementation, evaluationc i,and oversight onciu..chrigg training programs for detecting, testing and of the programs. enforcing laws against driving under the influence of (rill) If the Department of Finance ever determines that alcohol and other drugs, including driving, under the funding pUrSU317t to M3ri:uana t3ay3tion exceeds demand influence of rnarlivana. The department irray hire personnel for youth prevention and treatment services in the state, to conduct the training programs specified in this the departments shall provide a plan to the Department of subparagraph. Finance to provide treatment services to adults as well as (B) To the Department of the C311fomia Highway Patrol to youth using these funds. fund internal California Mghway Patrol programs and (0) The departments shall solicit input from; voll.Intpe -ir grants to qualified nonprofit organizations and local health organizations, physicians who treat addiction, E on, OVern"-nen,ts for education, prevention and enforcement of' i i-reati -nent- researchers, farnif'v therapy and counseling 13WS related to driving, under.the influence of alcohol and providers, and professional education associations with other including f-flarl-War7a; programs that help relevant expertise as to the administration of any grants enforce traffic laws, educate the public in traffic safety, made pursuant to this paragraph. provide varied and effective means of reducing fatalities, (21) 7- rity percent shall be deposited in the En vitont-rien tail injuries, . . and I economic I OSSeS from collisions; aid for the W-P of equipment related to enforcement of fay./s 7estotat,'017 and Protection account, and disbursed by the purcl ase related to driving under the influence Of alcohol'and other Controller as follows: related I rugs, f.ncluding I marijuana... (A) 'To the Department of Fish and Wildlife and the 'C' I k j o the Board of State and Community Corrections for Department of Parks and Recreation for the cleanup, i-nak;ng grants to local govemments to. assist vith fav, remediation, and restoration of enviror.,mental darnage in - I , "v 'tiva entOrCe/-,17e,t, fire watersheds affected by marijuana cui ition and related n . protection, or other local programs activities includina, but riot limited to, damage that addressing public health and safetv associated with the occurred prior to enactment of this part., and to support Implementation of the Control, regulate and Tax Ad,,,,,','.-Use local part.,ersh; s for this purpose. The Department of of Marijuana Act. T,'.,e board shall not make any grants to i L r i'D t Fish and 11,1WIdlif-P arxi the Department of Parks and local governments, which have banned the cultivation, Recreation may distribute 3 portion of the funds they including personal cultivation under paragraph (311 of receive from the Environmental.Restoration and Protection subdivision (b) of Section 11562.2 of the Health and, Account through grants for purposes specified in this Safety Code, or retail sale Of 1773rijL13i7a Or 11,730.'i.U3na paragraph. products pursuant00 to Section 262 of the Business and (B) To the Department of Fish and Wildlife and the Professions Code or as otherwise provided by law. Department of Parks and Recreation for the stewardship o (D) For purposes of r this paragraph, the Departiment of' and operation of state-owned wildlife habitat areas and Finance shall determine the allocation of revenues between state park units in a manner that discourages and prevents the agencies; provide,], howevc—, beginning in fiscal yea., the illegal cultivation,Production,sale c and use of marijuana 2022-2023 the arnount- allocated pursuant to and marijuana products on public lands, and to facilitate subparagraph (A)shall not be less than ter., million Won, dollars th,e 'investigation, enforcernent and prosecution of illegal ($10,000,000) annually and the amount allocated cultivation, production, sale, and use of marijuana or pursuant to subparagraph (B) shall not be less than forty, marijuana products on public lands. million dollars ($40,000,000) annuall-v. in determining (C) Ro the Depaitment of Fish and Wildiffe to assist in the amount to be allocated before fiscal year 2022----,';V2j funding the watershed enforcement Program, and pursuant to this paragraph, the Department of Finance multiagency taskforce established pursuant to shall give initial priority to subparagraph (A). ii , dc 2 tFh ,d lsubdivsonsb) an )oSecon o s . (g) Funds alo-cated pursuant to subdivision (0 shall be Game Code to facilitate the investigation, enforcement, used to increase the fundhng of programs and purposes and 'IXOSOCL/tion of these offenses and to ensure the 'identified and shall not be used to replace allocation Of reduction of adverse impacts of marijuana cultivation, other funding for these purposes. production, sale, and use or., fish and wildlife habitats (h) 17'ffective July 1, 2028, the Leggisiat"ure i-nay amend t throughout the state. F this section by majority vote to further the purposes of the T( for purposes of this paragraph, the Secretary of the Control, Regulate and 'Tax Adult Use of Marijuana Act, Natural Resources Agency shall determine the allocation including allocating, funds to programs other than those of revenues between the departments. Dart.rnents. DL/ri/`?g the first five SDeCified in subd'ivisions(d)and(f),A ny revisions PUTSuant vi ,,years of implementation, first consideration should be to this suboi, sio , shall not result in a reduction of funds given to funding purposes specified in subparagraph (A). toaccounts'established pursuant. to subdivisions(d)and(f) (E) Funds allocated pUrSU317t to this paragraph shall be in any subsequent year from the amount allocated to each used to Increase and enhance activities described in account in fiscal year 2027--2028. Prior to July 1, 2028, subparagraphs(A), (B), and(C), and not replace allocation, the Legislature may not change the allocations to programs of other funding for these purposes. accordingly, annual specified in subdivisions (d)and(f). Text of Proposal Laws 1 203 TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 34020, 7-he he Contnotler shall periodicall)v audit the Tax eonvietions for arl offense sp",ified in elatise (iv)--d4,-e t Is are used and accounted sttttpi T` Fund to ensure that those funs -iiagna-P4-1-4 G-Y4---par-agri-ap4-4-29 a4 for in L I a manner consistent wit., thi part and as otherwise o g required by law. registration Ptjrttj8rt to stjhdivision (e) Of 34021. The taxes imposed by this part shall be in thie Peigal addition to an I IV 1h (a.y other tax imposed by a city, county, or city f-h ) Except as authorized by law, every perter; who and county. peSs-esses 'possessr.on of not more than 28.5 grams of 34 0211.5, (3) (l) A county may impose 3 tax on the marijuana, ather than or not more than four grams of privilege of' cultivating, .1 a7anufacturing, producing concentrated cannabis, isgLiiltyefan infraetierg pLinishable process/.ng, preparing, storing, providing donating, selling, by a firie of not ii-flore thari orie hijindredl dollars ($199.1. or v , I I as follows: or distributing marijuana or marijuana products b, a both, shall be punished or adjudicated licensee operating under Chapter 3,5 (commencing with (11 Persons under the age of 18 shall be guilty of an Section 1 3300)of Division 8 or Division .10 (commencing infraction and shall be required to,, with Section 260001) of the Business and Professions " i f th(Al Upon a ndin� at a fillst offense has been con,'m,it te d, Code. compiete four hours of drug education or counseling and 0 The board of supervisors shall specify in the ordinance up to 10 hours of community service over a Period not to proposing the tax the activities sub-Ject to the tax, the exceed 60 days. applicable raic, or rates, the method of apportionment, Jf B) Upon a findinl4g that a second offense or subsequent necessary,. and the manner of collection of the tax. The tax Xl rnay be imposed for general governmental purposes or to,, Oil I e.nse has been committed, complete- six hours off drug, of education or,counseling and up to 20 hours of community purposes specified in the ordinance by the board . service over a period not to exceed 90(lays. supervisors. Persons at ' ast 7 8 years of age but less than 21 years L (3) In addition to 311,_V other met.hod ofcoilection authorized of age snail be"guilty-of an infraction and punishable by a by law, the board of supervisors may provide for the fine of not snorethan, one hundred dollar,, i$l 00). collection of the tax imposed pursuant to this section r.,,, the same manne,r, and st,.ibjectt to the seine penalties and fe4, (b) Except as authorized by law, every pers�n who priority of lien, as other charges and taxes fixed and p�Tsses 'possession of more than 28.5 grams of collectedby tie county tax imposed pursuant to this rna"JUaria, or more than four grains of ather than section is a tax and not a fee or special assessment. The concentrated cannabis, shall be punished as follows: board of supervisors shall specify whether the tax aD UeS (1' Persons Linder the age of 18 who possess more than , P" J throughout the entire county or within the unincorPorated 28.5 garamns of' mar�juana or more than, four gram,s of' area of the COUnty concentrated cannabis, or both, shall be guilty of an (4) The tax authorized by ion may e impose imposecj infraction and shall be required to: il, upon any or all of the activities set forth in paragraph 'l", (A) Upon a finding that a first offense has been comrnitted, as specified in the ordinance, regardless of whether the complete eight hours of drug, education or counseling and activity is undertaken individually ndividualty, coflect ve)J11, or up to 40 hours of community service over a period not to cooperatively, and regardless of whether the activityis or exceed 90 nays, ' compenS3tion or gratuitous, as deter-mined by the board of (B) Upon a finding, that a second or subs eqUenat offense , supervisors. C has been committed, complete .7 0 hours of drug, education (b), A tax imposed pursuant to this section shall be subject or counseling and UP to 60 hours of Coi-117MUnIty service i t C.o applicable voter approval requirements imposed bylaw over a joerrodnot to exceed 120 days. 'c) s existing This section is declaratory of exist; law and does riot (2,; Persons .18 years of age or over,who possess more than limit or Drohibit t e lev th y or collection of any other feel 28,5 grams of marijuana, or nriore than four grams of charge, or tax, or a license or service fee or charge upon, or concentrated cannabis, or both, shall be punished by related to, the activities set forth in subdivision (a) as imprisonment in a county jail for a period or not more than otherwise provided b_,l law This section shall not be six months or by a fine of not more than five hundred construed as a litrintation upon the taxing authority of a dollars ($500), or by both such fine and 'imprisonment. Count'l as provided b_,l law. (c) Except as authorized by law, every person 18 years (d) This section shall not be construed to authorize a of age or over who possesses not more than 28.5 grams of count 3.y to a sales Or Use 13X in addition, to the sales marijuana, or not more than four grams of e4e.44a-ff and use tax Imposed Linder an ordinance contbrming to the concentrated -cannabis, upon the grounds of, or within, any provisions of Sections 7202 and 7203 of the Revenue and school providing instruction in kindergarten or any of 7nxathon Code. grades I thro41gh 12 during hours the school is open for SEC. 8. Criminal Offenses, Records, and Resentencing. classes or school-related programs is guilty or a SEC. 8.1. Section 11.357 of the Health and Safety Code. misdemeanor and shall be punished by--a as I'0110111IS: is amended to read: (1) A fine of not more than two hundred fifty dollars L "$250',, upon a finding, that a first offense has been 11.357. Possession. lca) Exleept as a4l.h.eFiFed" by lFwl committed. every pefse who Possesse's any eaneentrated eanna she!! be pLinisiged by iffipriseigiggent in the eapunty jail fe�* a (2` A fine of not more than five hundred dollars ($500), or oeriod of noz rriore tharl one Vear or hV a fine of not f2m0l't, by imprisonment in a county jail for a period of not more than 1.0 days, or both, upon a finding that a second or ;P1PN_Q819P1e19t, exeepit, that sueh persen, rflav i1gstead-,-te subsequent offense has been committed. ---4.4.4-C-)—af ff,4 (d) Except as authorized by law, every person Linder the Penal Gade if --hat .-)ersrj;. .185 8!9e a! mare p tl e age of 18 who possesses riot more ti an 28.5 L7rarns of 204 1 Text of ProrYlsed Liaws TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- marijuana, or not more than four grams of etheF thaig (E) violation of Section 374.8 of the Penal Code relating concentrated cannabis, upon the grounds of, or within, any to hazardous substances or Section 25,189.5, 25189.6, or school providing inSILRICtiOn in kindergarten or any of 25.189,7 of the Health and Safetv Code relating to grades 1. through 12 during hours the school is open for hazardous waste; ciasses or school-related programs is guilty of -a (F) Violation r, , of Section 2080 of the Fish and Game Code rnisderneanar an infraction and shall' be punished in the :, ' ;1 . 1 1. 1 elafing to endangered and threatened species or same manner provided iriparagraph (1)of suboivision, (L), Section 3513 of the Fish and Garne Code relating to the sLihieet to the fellowing dispasitiens: Migratory Bird Treaty A c t1: or (1) A fine of -get iggere thap. two huiq�red fifty del (G) Intentionally or with gross negligence causing substaritial erivironmental harm to public lands or othe r --ttpritl----a---filct6ftg---t7h-at---a---f+rst----of teictse---Itas----- public c resources. SEC. 8.3. Section ].1359 of the Health and Safety Code eornrnitrrient.to a juvenile hal 1, fflfleh, ear:1`115, f0reStrY e8MP-, is amended to read: ar seeure j.tivemile hange faf a period of not n9are than 11359. Possession for Sale. days, or both, tipon a findinig that a seeand or subseq.tient affense has been eei=n,99itte�-. Every person who possesses for sale any i-nariJuana, except SEC. 8.2. Section 11358 of the Health and Safety Code as otherwise provided by law, shall be punished as f6//ovvs: is amended to read: (a) Evety person Linder the age of 18 who possesses .11.3 5 8. Planting, Harvesting, of-Processing. /773riJU3n,a for sale shall be punished in the Same marine, provided in paragraph 0/1 of' subdivision 0 o',- Every person who piants, cultivates, harvests, dries, oi- Section 11357. .processes afry marijuana plants, or any part thereof, except (b) Evety person 18 years of age, or over who possesses as otherwise provided by law, shall be punished as follows: marijuana for sale shall be punished by imprisonment in -3 (al ii Every poison Linder the age of 18 who plants, cultivates, county-Jail for a period of:not more than six months or by a harvests, dries, or processes any m.arijuana'IDlants shall be fine of not i-nore than five hundred dollar,, ($500), or by punished in the Same manner provided in paragraph (1)of both such fine and imprisonment. subdivision (b)of Section .11.357. (c) Notwithstanding subdivision (b), a person 18 years of (b) Every person at. least 18 years of age but less than 211 age or over who possesses mart.i I Liana for sale f-riav be years of: age who plants, .cultivattes, harvests, dries, or punished by imprisonment pursuant to subdivision (]h) of L _-�0 ! 1, processes not more than six living marijuana plants shall Section 11. o-1 the Penal Cod- if., be guilty of an infraction and a fine of not more than one ("!) The person has one or more prior convictions for an hundred dollars ($100). offense specified it, clause (iv) of subparagraph (C) of (c) Every person 18 years of age or over who plants, paragraph (2) of subdivision (e) of Section 667 of the cultivates, harvests, dries, or processes more than six living Penal Code or for an offense requiring registration pursuant marijuana plants shall be punished by imprisonment prisonment in a to subdivision (c)of Section 290 of the Penal Code; courity jail for a period of not more than six months or by a the t(2) Th, petson has two or more prior convictions under I b� f,fine of not more than five hundred dollars ($500), or by subdivision ( ).: o both such fine and if Pprisonf Petit. (3) The offense occurred in connection with the knowing (d) Notwithstanding subdivision, ic), a person 18 years of sale or attem'pi-ed sale of marijuana to a person Linder the age or over who plants,. cultivates, harvests, dries, or age of 18 years. rs. processes more than six living, marijuana plants, or any (d) Notwithstanding subdivision (h), 3 person 21 nears f part thereof, except as otherwise provided by law, -, t 0 i age or over who possesses marijuana for sale may be rPay be punished bv imprisonment pursuant to punished by itr7prisonrnent PL.IrSuant to subdivision (fil) of Subdivision (h) of Section 170 of the Penal Code ff,L Section 1170 of the Pena! Code if the offense involves (1) The person has one or more prior convictions for, an knowingly hiring, em'p/pytrig, or using a person 20 years of offense specified in clause (iv) of subparagraph (C) of age Ot' younger in unlawfully cultivating, transporting paragraph (2) of subdivision (e) of Section 667 of the carrying, selling, offering, to sell, giving away,, preparing for Penal Code or for an offense requiring registration pursuant sale, or peddling any rnarijuana, to subdivision (c) of Section 290 of the penal Code; SEC. 8.4. Section 11360 of the Health and Safetv Code (2) 7-he person has two or more prior .convtctions under is amended to read: subdivision (c).: or 11360, Unlawful Transportation, importation, Sale, or (3) The offense resulted in any of the following., Gift. (. ) Violation of Section 1052 of the Alater Code relating to (a) Except as otherwise provided by this section or as illegal diversion of water. authorized by law, every person who transports, imports into this state, sells, furnishes, adrninisters, or gives away, (B) Violation of Section 13260, 13264� 13272, orl'3387 or offers to transport, import into this state, sell, furnish, of the later Code relating to discharge of i'vaste, L L i i i L I administer, or give away, or attempts to import into this (C) Violation of Fish and Game Code Section 5650 or state or transport any marijuana shall be punished'. as Section 5652 of the Fish and Game Code relating, to waters follows: of the state; (1) Persons under the age of.78 years shall be oun ished Jn (D) Violation of Section 1602 of the Fish and Gan Code the same manner as provided it,, paragraph (1) of relating to rivers, strearns and lakes; subdivision (b) of Section 11357. Text of Proposal Laws 1 205 TEXT DF PROPOSED LAWS PROPOSITION 64:8NTINU0 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (2) Persons 28yearo of age or over shall be punished by (a) Records of any cuud uf this state, any public or private imprisonment in a county Jail �r not/nonethan a that provides services upon referral unde/ six months or by a hne of no/ more than five hundred Section 1000,2 of the Penal Code/ or of any state agency do8ens ($5DO� crby both such fine and/n�p:ton/nent pe�ainingtothea,,est orconvict/on of any person for | | i � �V No�iffo aperaon JB�aarsof ~ ~ ~^ ~' ~ ~~~~'`'~'~'' `~'/ `^'' `~'' ~' `e'~' Section ^^~5' age ^~^~^'" r~' �'' i i i (b) of ll�5O �e by ntto ~' ~~~^ ` ~ ~^ `�~~~' ' ~ pertaining ~ the ^—r '~^'—'~~ ' aneotcroonv��onofeoy under cfI8 �r subdivision (h) of Section ll7O of the Penal Codefura r~^'~' ~ ~a~ ` a violation of any n of this article except period of two, three or four years /� Sect 223S7.5' shall r~''~~kept beyond two years from 64) The peroon has one or /nony p�or uonwc�ona /br an the date of conviction, urfrom the date or arrest |f offense specified /n clause (iv) f (C) of there was no conviction, except with respect tviolation paragraph (2) of subdivision (e) of Sect/on 667 of' the uf subdivision Le.-,' (d) of Section 1I357 or any other Pena/Codeorfbranuffenye pursuant v/ / h to subdivision � u/on )ufSec�on29DofbhePena/Code/ �0e grounds t within, school d instruction /nk/nde �enor any of grades I through I2du�nghours (B) The oerymn has two or /no/e prior convictions under '«~ for c/�sxay or�chou�^e/ahed /no pan�nephL2� the school /s open r�,~ , the records shall be retained until the offender attains the (C) The offense involved the knowing sale, ttem bed sale, age ofI8yaaruat which timetheraoordsuha|| bedestroyed or the knowing offer to sell, furnish, acrn/niyter or give as provided in this section. Any court o/ agency having away nanYua;nahoapemnnunder the age of28years/ or cus-ody of the reuordu, including the statewid e criminal V]/ The offense /nvo/ved the inport offer to import, or databases, sha|| �",id= for the t|mek/ destruction ufthe attempted /n /n/t into this state, or the ilranspod for sale, records in accordance with subdivision (o)' and such necd � a/ d �onn the statewide criminal offer to t�n-,—� � --� oret�' ' �d transport for sale nuyyo e out of this state, of more than 28.5�'~' ~ `f mariJuanaor databases. Auuyed/nbhisuubd/ws/un' 'recoxr��ertaining to the arrest orconv/c�on''shall include records ofarrests nnoned\anfbur6��nuufconuen�a�adcannab/y� esu/fi7g� the criminal proceeding and records relating ho (b> Except as authorized b; |aw, every person who Qivey otheru�enoesuha d/ bh accusatory / th away, o�erstogive away, transports, offers totransport, or defendant was acquitted or charges were dismissed. The attempts to trunspo,t not more than 28.5 grams of two-yearpenod beyond which records shall not be kept marijuana, Other than concentrated cannabis, is guilty of pursuant bo this subdivision shall not person an infraction*+isdeffi*s+n*r and shall be punished byafine who is, at the tine at which this subdivision would of not more than one hundred dollars ($I00). In any case otherwise require record destruction, �uarcenoted 'or an in which a person is arrested for a vio|ation of this offense sub/ect to this subdivision. For such persons, the subdivision and does not demand to be taken before aperiod shallb magistrate, such, person shall be released by the arresting is released from custody. The requirements of this officer upon presentation of satisfactory evidence of subdivision do nut apply to records of any conviction identity and giving his m'herwritten promise to appear in occurring prior toJanuary l, l976, or records of any arrest court, as provided in Section 853.6of the Penal Code, and notfo|!ovved byaconviction occurring prior to that date, or shall riot be subjected tobooking. recondsofanyanest. for an offense specified/nsubdivision (c) of Section 2Ig2.7, m'subdivision (c)of Section 667.5 (c) For purposes of this section, "transport" means to of'the Penal Code, transport for sale. (b) This subdivision applies only to records ofconvictions (d) This section does nut preclude or |imit pruseout|un for and arrests not fu||owed by conviction occurring prior to any aiding and abetting or uonsp|racyoffenyeu. January 1, 1976, for any of tile following offenses: SEC 8 � Section lI�5l l is to Health and � � � � (I) Any violation of Section 11357 or a statutory Safety Code, to read: predecessor thereof. I2362.1, 0e/ The d/4g education and counseling (2) Un!awful possession of a devioe, cunt,ivance, req,,,,iren,enfsunderSactiony 12357, 21358, I2359, and instrument, or paraphernalia used for uniawfui|y smoking i23GDoha// be/ marijuana, in violation of Section I1364, as it existed (I) Mandatory, unless the court finds that such drug prior to January I, I976, or a statutory predecessor education or counseling is unnecessary torthe person, or thereof. thata drug aducabonorcounsa/ing pr4gra/n/suna:eil ab/e/ (3) Un!avvful visitation or preaence in a room or place in �� Free6 bh which ma,iy�ma is being unlawfully smoked or used, in ' �� ~ �� provides� vioation of II365' aaitexisted p r|or�oJanuaryI at�ast four hours ofp -' discussion instruction ces I976' or statutory predecessor thereof.science and evidence-based principles �ndpnyc// ' specific to the use and abuse of marijuana and other (4) Un!avvfu!|y using or being under the influence of controlled substances. marijuana, in viu|ation of Section I1550, as it existed prior to January I IQ76 or a statutory predecessor �V For good cause, the ouu/� /n4yBr�n� an extension of ' ' thereof. time riot. to exceed 30 days for /o complete the � drug education and counseling re �e6 under Any person subject to an arrest or conviction for those- Sections 113 1-,7 11358, 11359, andI236D. offenses may apply to the Department of Justice for destruction of records pertaining tothe arrest orconviction SEC. 8.5. Section I1,361.5 of the Health and Sofe� Code iy amended turead y if two o, more years have elapsed since the date of the � conv|ction, or since the date of the arrest |f not followed by 1I36I.5. Destruction of Arrest and Conviction Records; a conviction. The application shall be submitted upon a Procedure; Exceptions. form supplied by the Department of justice and shall be 206 1 Text of pmpuseu Law, TEXT DF PROPOSED LAWS PROPOSITION G4CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- aucompanied byafee, which shall!' be established by the than two years hawa elapsed fmmthedateoftheconviction department in an amount which wiU defray the cost of or arrest without conviction, administering this subdivision and costs inuur�d by the SEC 87 Section Il36l 8 is added tuthe Health and state under subdivision (c) but which shall not exceed � � � � ' Safety Code, to read: hi � 0)�� 75 The application form may be made available at every |uoa| JJ362�8� �V �personcun�nMy serving, a sentence for a puUoe or-sheriff's department and from -he Department of ti0 whether by trial or by open or negotiated Plea, Justice and may require that information which the who would not ha tie, been guilt /of an offense, or who would department determines is necessary for purposes of have been guilty of' a lesser offense under the Control, 'identification. Rep//ateand Tax Adult Use of'Man/uana Act,had that act been /ne�ectat the �rneof the u�ensenn�/pe��onfora Thedepartmentmay�quest. butnotrequi,e. theaPP|icant recall or �snn�sa/ of sentence before the ��/ cumfthat to inc|ude a se|f'admin|aterad f|n0erprin� upon the d the / application. U the department is unable to su�ioient|y ~'^~'` ~ ~~g'''-''^ ~' ~~''''`^'~' in his ~ ''~ ~~~` to ' � equeyt myen�nc/rg or d�m��/ � accordance -with identify the applicant for purposes of this subdivision Sections I235� 2I358, I235�� 2236(� 2I362�I withoutthefin i t wit-' t dditi | fi | t it ' �~r' '' ~' `` `� ~ ~''~ ''�~'r '' ~' 2I362�� 22362.�i and JJ362.4ao �mseyec�unshave sha|| sonotifytheapp|icantandyha|| requ*sttheapplicant beena-endedoraddedby�hatact to submit any fir may be requir�d tu effect ''' identification, including a complete set if necessary, or, (b.) UPon receiving a petition under subdivision a!tarnativeiK to abandon the application and request a court shall presume the petitioner satisfies the o�te�a /n refund of all o, a portion of the fee submitted with the d/ms/ (a) unless theparty opposing the petition ap��ication, au provided in this aection� |fthe app|ivant pnrwysDyc/eeran�oonwnc/ �ence��a�thepa��oner fails or refusesto submit fingerprints in accordance with doles not satisfycriteria, /f the petitioner satisfies the the department's request within a reasonabletime which criteria /n subdivision (a)' the court xha// t the petition shall be established by the department, or if the applicant to naca// thesenbanoe or dismiss the sentence because /t requests a refund of the fee, the department shall promptly is legally unless the court detenn/neu �that mail a refund to the applicant at the address Specified in the petit/on would pose an unreasonable risk of'danger to the application or at any other address which may be pub//csafeh/ specified by the applicant. Huwever, if the department has (J) /n exercising //s discretion, the court nn consider, notified the applicant that eieutiun to abandon the but shall not =e limited to ex�enue provided -� /br /n application will result in forfeiture ofaspecified amount suboVms/on �) �f�echon2J70�J8ofthePe,�-� de. vvhiuh is portion ofthelee, the de � t may retain a - Penal -- portion of the fee which the depa,�ment determines wi|| �� As uae6 /n this secbon, ^unnyascnab/e risk of danger defray the actual costs of processin8 the application, to public sa/ety'' has the same meaning as provided /n provided the amount of the portion retained yhu|| not subdivision (dof8eo�onI27O.I8uf the Pena/Code, exceed ten dollars ($IU). (c)A person who is serving sentence and/s resentenced Upon receiptofasuffioientapp|icatiun' the Departmentof f bo subch��/on (b/ sha// be 8iwen cred/� �r any Justice shall' destroy roco,ds of -he depo,tment, if any, time already subject oos4perms/onnx pertaining to the arrest or conviction |n the manner one year h///uwv completion, ofhisor her tirr/e /n custody prescribed by subdivision (o) and shall notifyth* Federal or shall beuub/ect tu Whatever supervision time he or she Bureauo| !nveati8a |on' the |awanforuamentagenoywh|ch would have otherwise bee,,., suc;acr to after na/eaya, arrested the applicant, and, if the applicant was convicted, wt/chemeriyyhorber, unless the court, /n its discretion, ao the probation department which investigated the applicant pad of its neyenbencxg order, ne/asyes the person hnnn and the Department of K8otu/ Vehio|es. of the application, supervision. Such person /s subject to parole supervision under Section 3O00 &9of the Penal Code nrpoy�re/ease (o) Destruction of records of arrestcommunity or conviction pursuant � supervision under subdivision (a) of to subdivision (a) or (b) shu|| be a000mp|ished by — ' - Section ~/3452 oi 'bh~ Penal Code by^ '~ designated permanent obliteration of a|| entries or notations upon the and^ ' ~''~~'~ ~' of the``~'^ ^'-the county � in which^ the records pertaining o e arrest or conviction, and the offender is ��amydmn��e or in which record shall' be pepa,ed again so that it appears 'hat the violation of supervision has o-°un�c( �� the an alleged^ arrest orconviction never Occurred. However, where ^^ p~'p~~^ of � ' hearing pet/�ons to revoke supervision and impose a term only entries upon the record pertain to the arrest o, of custody. conviction and (2) the record oan be destroyed without necessarily effecting the destruction of other records, then (d) Under no circumstances nnay/esenteno/qg under this the document constitutinQ -he record shall be physically section result in the imposition of term, /om�er than the destroyed. original sentence, or the nemsbe/ennent- of' charges I'd) Notwithstanding subdivision (a) or (b)' written oYunrissedoumuant tna negotiated plea agreement. transcriptiunsoforal testimony in court proceedings and (e) Apa�on who has cunnp/ebydhbnr her sentence for a published judicial appellate reports arenot subjecttuthis conviction under Sections 11357. 22358, 11359, and section. Additionally, no records shall' be destroyed 11360, whether by trial or Open nr negotiated plea, who pursuant to subdivision(a)ifthe defendant oracodefendant wmuld not have b � ufano�enxeor who wou!dhave haa fi|ed a civil action against the peace o�iues or |avv been guilty ofa lesser offense under the Control, Regulate enforcement jurisdiction which made the arrest or and flax Adult Use Of M3rijU3n,a Act had that act been /n ins�ituted the proyecution and if the agency which is the e� t effect the ��neo/ he o�en may file an application custodian of those records has received a certified copy of before the trial court that entered the Judgment of' 1he complaint in the civil aution, unti| the civil action has conviction /n his or her case to have he conviction fina||y been resolved. |mmediate|y �o||ovvin8 the final d�n��oedand sealed because the pno,con:/o�mn is now resolution of the oivi| action, records subject tosubdivisiun legally invalid or redesh-cnated as a nnbde/neanor or (a) shall be destroyed pursuant tosubdivision (c) if more infraction /n accordance with Sections 11357, 11358, Text ofp,uposox Laws 1 207 TEXT OF PROPOSED LAWS PROPOSITION 64 CONTINUED 11 359, 11360, Z 1362.1, 11362.2, 11362.3, and s*-,a 1 ks, ex e e p t resin o r fl ower i n g tops ext raeted produced 1 '362.4 as those sections have been amended of,added therefrom, fiher, ail, er eake, ar the sterilized seed, er any b_V that act. (f) The court shall presume the petitioner satisfies the ge"I"�F1 a h a fl. criteria in subdivision (e) unless the party opposing the (b) The possession, use, purchase, sale, ct,,dttivattion, application, proves by clear and convincing evidence that processing,rr7anufacture,packaging,labeling, transporting the petitioner does not satisfy the criteria in subdivision(6), storage, distribution, use and transfer of industrial hemp Once the applicant satisfies the criteria ii,, subdivision (e), shall not be subject to the provisions of this division or of the couttshallredesignate the conviction as inisderneanOr Division 10 (.comirnencing- with Section 26000) of: the or infraction of, dismiss.. . 3n,d seat the conviction as legallv Business and Professions Code, but instead shall be invalid as now established under the Control, Regulate anti regulated by the Depa,,1*,1,7 ent of Food and Agriculture in Tax Adult Use of Marijuana Act. accordance with the provisions of Division 24(conmenci.ng (g) Unless requested bV the applicant, no hearing is with Section 81000) of the Food and Agricultural Code, necessary to grant or deny an application filed under inclusive. subdivision (e). SEC. 9.2. Section 81000 of the Food and Agricultural (' J Anhl L iy felony conviction that is recalled and/`OSentOncod Code is amended to read: under subdivision (b) or designated as -3 misdemeanor or 81000. DefinitiOns. ,;nfraction under subdivision (f) shall 1 be considered a - misdemeanor or infraction for all purposes. Any For purposes of this division, the following terms have the roisdien7eanor conviction that is recalled and /`OSentOnced following meanings: P 0 under subd'ivision (W or designated as an infraction under (a' "Board" means the Industrial H rT.p AdvisoryBoard. subdivision (f) shall be considered an infraction for all' purposes, (b) "Commissioner" means the COUrity agricultural commissioner. 60 It the court that originally sentenced the petitioner is L not available, the presiding Judge shall designate another (0' "Established agricultural research institution"" means .a- -te w at -3ft � a:f* t . -F -�i +tat-mir tat�.. judge to rule on the petition or application. -Ft i4vr land for agrietiltural researeh, ineluding ealle (,0 Nothing i this Section is intended to din7inil;- or Higiveirsities,agrieultural researeh eren-ters,and eanservatil- abrogate any rights or remedies otherwise available to the researeig eent v. anv institution that is either; petitioner or applicant, W Nothing in this and related sections is intended to (1) A public or Private institution or oiganization that diminish or abrogate the finality of judgments in any case i--naintains land or facilities for research, ILi I not falling within the purview of the Control, Regulate and including colleges,. univers"es, agricu'tural research Tax Adult Use of Marijuana Act, centers, and conservation research centers; or (2) An, institution of' higher education (as defin,ed in ffl, A resentencir,,Ll hearing, ordered under the -Control, Sec'on the Higher Fducation Act of 1965 Rpgcfulatte and 7�3x Adult Use of Marijuana Act- shall , iron,, 1001 of L (20 U.S.C, 1001)) that grows, cultivates or rnan,,.if�ctures constitute a "most-conviction release proceeding" under - paragraph '7) of subdivision (b) of Section 28 of Article i industrial hemp for purposes of research conducted under of the California Constitution (Marsy',s Lai ). an agricultural pilot program or other azricultural or academic research, (m) The provisions of this section shall apply equally to juvenile delinquency adjudications and dispositions under (d) "Industrial hem.,)" has the same meaning as that tei Section 602 of the Welfare and institutions Code if the is defined in Section 11018,5 of the Health and Sal-ty juvenile would not have been guilty of an offense Or'.41OL!,, Code, have been guilty of a lesser offense under the Control, (e) "Secretary" means the Secretary of Food and Regulate and Tax Adult Use of Marijuana Act. Agriculture. (n) The Judicial Council shall promulgate and make (f) "Seed breeder" means an individual or public or private available all necessary forms to onable the filing of the institution or organization that is registered with the . I registered L petitions and applications provided in this section. commissioner to develop seed cultivars 'intended for sale SEC, 9. Industrial Hemp. or research, SEC. 9.1. Section 110118.5 of the Health and Safety (g) "Seed cultivar" means a variety of industrial hemp. Code is amended to read: (h) "Seed development plan" means a strategy devised by . 1 10"8.5. Industrial flemp. a seed breeder, or applicant seed breeder, detailing his or her planned approac!".. to growing and developing a new that is l lnr, (a) "Industrial i hemp" means a fiber or oilseed crop, ornt C'�eecl cultivar for industrial hemp. ited to rionptyehrjaetiVe types of the plant Cannabis sativa L, tfe-e4---th-e-re.4-ref-ft; SEC. 9.3. Section 81006 of the Food and Agricultural having no more than three-tenths of 1 percent Code is amended to read: tetrahydrocannabinol (THC) contained in the dried 81006. Industrial Hemp Growth Linittations; !lowering tops, whother growing or riot; and that is e.i4ttviate47---aft4---pf-ae&z,;5-e(4--- 1711-e---PtJfpt.+.s5e.---af Prohibitions; /177ports; Laboratory Testing pradtleing --hez rflatuire Stalks of the P1819t, fibrzic pradtlec_�4 (a) (1) Except w1hein grown by an established agricultural t.41--- the seeds of the research institution or a registered seed breeder, industrial plant,-, the resin extracted from any part of the pla,,.,,+,. and hemp shall be grown only as a densely planted fiber or ff-a,,+y--at-her-every compou nd, manufacture, salt, derivative, oilseed crop, or 11Both, in acreages reages of not less than five aef rflature es mixture, or preparation of the plant, its seeds or, one-tenth of acre at the same time and ne pairtiaig of an 208 1 Text of ProrYlsed Liaws TEXT DF PROPOSED LAWS PROPOSITION G4CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shall indicate the date and location of samples taken, and . shall state the G!oba| Positioning System coordinates and �ta| acreage uf the crop. If the laboratory test report (2) Registered seed bneedero fo� purpoeeu of seed � production, yhu|| only grow industrial st,ia| hemp as u densely indicate� a percentage ounten� of THC that is equal to or --- ' - planted than three-tenths of l percent,crop in acreages of not less than one-tenth ofan ' the words "PASSED -- - i-- -' 'h - ��— AS CALIFORNIA INDUSTRIAL HEMP" aha|! appear ator — - --��- -�— ��- near the top of the |aboratorytest report. If the laboratory — ''-----rial Hemp shall �'---- ,—'- — --- than.-- -�— test report indicates peruantageoontentofTHCthat is ---g---- --- t than th�e�enthsuf l percent the words "FAILED (3) Registered seed breeders, for purposes of developing a LCAL|FORN|A INDUSTRIAL HEK8P" aha|l appear ator new Cal ifomia seed uu|tivar. shall grow indu/tria! hemp as near the tup of the laboratory test report. densely as pos�b|e in dedicated aoreago of not !os� than one-tenth of an acre and in accordance with the seed (5} If the |abu�tu� test report :indicates a percentage deva|opmentp|an Theentireareaofthededi�a�edaurea0e uontentofTHCthat is equal toor |esuthan three-tenths � I percent, the laboratory shall provide the on who is not required to be used for the cultivation of the ' particular seed ou|t|var requested the testing not less than IO original uopies � signed by air employee authorized by the laboratory and (b Oamenta! and clandestine cultivation of industrial shall retain one o more original copies of the laboratory e hemp is prohibited, All plots shall have adequate signage test report fur o minimum of two years from 'its date of indicating they are industrial hemp. sampling. (c) Pruning and tending of individual industrial hemp (G) If the !aborato� te/� reportindioateu a pencantage p|ants is prohibited, except when grown by an eotab|ished content of'THC that is greater than three-tenths of I a8ricu|tural research institution or when the action is peruentanddoesnotexuaed I peroan� thereQistrantthat necessary to perform the tetrahydmounnabino| (THC) 8nxws industrial hemp shall submit additional samples for testin8desuribed in this section. testing of the induytria| hemp grown. (d) Culling of industrial hemp is prohibited, except when (7) A registrant that grows industrial hemp sha|l destroy grown by un established agricultural research institution, the industrial hempQrown upon receipt of a first laboratory when the action is necessary to pe�orm the THC testing test reportindioat|nQ a percentage content of THC that described inthivaection' orforpurpuueaofseed production exceeds I percent o/ a second laboratory test report and development by naQiytered seed breeder. pursuant to paragraph (6) indicating peruantageuontent (e) Industrial hem' shall include products imported under of THC that exoeedythree4enthy of l percent but is |ess the Harmonized Tariff Schedule of the United States than l percent. If the percentage content of THC exceeds (20 ade cent, -he ao|| take place 48 hours h T I , Commission, inc!uding, but not !imit*d to, hemp ae*d, per after receipt ofthe laboratory test report, If the percentage subheading l2O7.99.O3\ hemp oil, per cont*ntufTHCinthosecond |oborato��es repo�*xoe*ds subheading I5l5.9O,8O, oi|oake, per three-tenths of l percent but is less than l percent, the subheading 2306,90,0I, true hemp, per heading 5302, deytruotion shall take place ou soon aupuacticob|e. but no true hemp yarn, per subheading 53O8.2OlX] and woven later than 45 days a�e, receipt ofthesecond test repo�� fabrics oftrue hemp fibers, per subheading 53II.00.40. (8) A registrant that intends tugrow industrial hemp and (f) Except when industrial hemp isgrmwnbyunestablished who Complies with this section shall not bopmyecutedfor agricultural research institution, a registrant that grows the cu|tivation or possession of man]uana ay a result of a industrial hemp underthiaseohon �ha!!, befurethehameut laboratorytest report that indicates a percentage content of each crop and as provided below, obtain a laboratory of THC that is greater than three-tenths of l percent, ,est neport indicating the THC levels of a random sampling does not exceed I percent. of the dried f|mwerinQtups of the industrial hemp8rmwn. (g) Established agricultural research institutions shall be (I) Sampling shall occur murassuon as practicable when the pe�ni�ed to Cultivate or Possess industria| hemp with a THC content of the leaves surndingthe seeds is at its laboratory test report -hat indicates o percentage content peak and shall commence as the seeds begin to mature, uf THC that is greater than three-tenths of l percent if that when the first seeds of approximately 5D percent of the cu|tivation or Possession cont,ibuteato-'hedeve|opm*ntuf three- plants ,esistanttocompression� types of industrial hemp that will oom�; with the tentha of I percent THC limit established in this division. (2) The entir� fruit-bearin8 part Of plant indud�Qthe uaedaaha!| be used asasamp|a� Theyamp|eoutsha|| be (lO) Except for an established agricultural! research made directly underneath the inflorescence found in the institution, a n�Gistrant that grows induytria| hemp shall top one-third of the plant. neTain an original signed copy of the laboratory test report for two years from its date of sampling, make an original (2) The sample co|!ected for THC testing shall be signed copy of the laboratory teu� repo� ovai!ab|e �o the accompanied by the fu||mwin8 documentation: department,the commissioner, or law enforcement officials (A) The registrant's pmofufre�|stratiun� or �heir dey|Qnees upon request' and shall provide an original copy of the laboratory test report to each person (D) Seed certification documentation for the seed ou|tivar purchasing, transporting, or other*|ua obtaining from the used. registrant that gmws industrial hemp the fiber, oil, cake, or (C) The THC testing report for each certified seed ou|tivar seed, or any component of the seed. of the plant. uaed. (g) If, in the Attorney General's opinion issued pursuant to (4) Tho!aburatmyteutrepo�yha|| beivaued bya |aborato �eotion 8 of the aut that added this division, it is registered vvith the federal DmQ Enfuncem�nt determinad that the provisions of this section are not Administration, shall state the percentage content of THC, suifioient to comply with federal law, the department, in Text ofp,uposox Laws 1 209 TEXT DF PROPOSED LAWS PROPOSITION 64:8NTINU0 consultation with the board, shall establish procedures for that are in addition to the protections provided for in this 'this section that meet the requirements offederal law. act o, that otherwise expand the legai rights of such SEC 9.4. Section 81007 of the Food and Agricultural employees or workers of Uoenaees under Sections 6 to 63, Code isrepealed. -inc|usive- of this act shall be deemed to be consistent with 8199�, iza) Exeept as provided in Subdivision (b) of and further the purposes and intent of this act. The Legislature may by maju/ityvote amend, add/or repeal any Provisions to further reduce- the penalties for any of the offensey addressed by this act. Except as otherwise eultivatien, of resin, flawering tops, or leaves thiat have provided, the provisions of the act may be amended by twm-thi,ds vote of the Legis|ature to fu�he, the purposes and intent of the act. SEC, ll, Construction and |ntepretation. that i-esLilt fFem -the nerfflaland ap The provisions ufth|o act shall be liberally construed to ---ri a!— — ` 5 -1 -' ----- ,---- - effectuate d inten-oftheContm|' Regulate rn---`-- and Tax the Adult Use uf Marijuana Act; provided, however, SEC �� eu iun 8lOO8 of the Fuud and A�riou|turai no pmvsion or provisions of this act sha|| be interpreted o, Code is amended toread: construed in a manner to create a positive conflict with 8I008, Attorney(3ene/a/ Repor�� Requirements. federal |aw, inc|uding the federu| Controlled Substances Aot such that the provision or provisions of this act and (a) N | h J I 2DlQ ' � "` �`= than �''""'x "' ''," federal law cannot consistent|ystand together. whiehever is later, the Attorney General a|l report to the SEC 12. 8everabi||ty. Assembly and Senate Commifteesoil A8ricu|ture and the Manypmxisioninthivaot'orpartthereuf. ortheapp|ication Assembly and Senate Committees on Public Safety the ufany provision or part to any person oroircumstanoe is reported incidents, ifan� ufthefo||mwinQ� held for any reason �o be invalid or unounutitutional. -the (l) A field of Industrial hemp being used to disguise remaining provisions and parts shall not be affected, but marijuana cultivation. shall remain in full force and effect, and to this end the (2) Claims court h pruvisiunsof this act are a court earin8 by those . exempted in subdivision (f} of Section 8I005 that SEC. 13. Conf!ichn8 Initiatives. marijuana |a industrial hemp. In the event that this measure and another measure o/ (b) A report submitted pursuant tusubdivision (a) shall be measures concerning the contm!' regu|a�im� and taxation submitted in uomp||anue with Section 9795 of the of marijuana, medical marijuana, or industrial hemp Government Code. appearontheyamaatatawideelection ballot,the provisions of the other measure ormeasuressha|| be deemed to be in (o) Pursuant to lO23l 5ufthe�uvemm�ntCude� ' conflict with this measure. In the event that this measure this section is repoaed on January I. 2023. or four years receives a greater number of affirmative votes, the a�erthe date that the report is due, whichever 'is later. yp,uviuiu 'his n of � their enineL SEC. 9.5. Section DIDIO of the Food and Agricu|tural and the proviy|onsufthe other meayuresha|| be nu|| and Code isamendedtoread: void. 8I0101. Operation of'Division. (a) This division, and Section 22.7 shall fit �� f become PROPOSITION ~~ operative onJanu3(YI. his initiative measure IS Submitted -o the people in 2077, accordance with the provisions ufSection 8ofArticle 11 of (b), The possession, use, purchase, aa/e, production, the California Constitution. nanutectun� packaging, abn storage, his initiative to �ub|ic vm distribution, use, and transfer ofindustrial hen\o shall be Resources Code; therefore, new provisions proposed to be regulated in acco/dance with this division. The Bureau of added are printed in italic h4pe to indicate that they are Marijuana Contro/ has authority to /3he and control new. plants and products that �t with/n the dehn/�on of /nduyhria/ hemp but that are produced, processeof. PROPOSED LAW nnanutact-tired, tested, delivered, or otherwise handled purxuantboa0cenue/souedun der D/w rn�/on20(�onoenci!e SECTION I. �t|e, with Section 2(500Ly of the 8us/ness and f}nheys/ons This act shall be known and may be cited as the Code. Environmental Fee Protection Act. SEC. IO. Amendment. SEC. 2. Findings and Declarations. This act shall be broadly construed to acoomp!iah its The peop!o of the State of California find and dec!are as purposes and intent aostated in Section 3 The LeQiy|ature foi|owo: may by majority vote amend the provisions of thiu act contained in Sections 5 to 5.5, inclusive, and Sections 6 (a) In 2014' the California State Legislature enacted a to 5 � inclusive, to implement the substantive provisions ban on plastic carryout bags after lobbying by special � ' ' interests including the California �roce�uAusociotion of those sections, provided that such amendments are � consistent with and furthe,the Purposes and intent of this (b) The law further mandated that stores sell every pape, act as stated in Section 3. Amendments to this act that or reusab|e carryout bag they provide to consumers for a enact protections for employees and other workers of minimum of IO cents. Storey can charge even more it they !|oenaaes under Sections G to 6.3, inclusive-, of this act so choose' and the grocers and retailers are apecif|oa!|y 210 1 Text of pmpuseu Law, TEXT OF PROPOSED LAWS PROPOSITION 65 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- required by the law to keep these rinandated sales charges (2) "State law" means any statute, iavl, regulation, or as extra revenue. other legal authority adopted, enacted, or impiel-nen,ted (c) None of the sales charges on carryout bags requiredi by before or after the effective (.-late of: this section by the state law w --o ill to envirorn-nental purposes.TheLe iat .gisure State of California or any agency or department thereof. L, . L specifically wrote the law in such a way as to make these (3) "C3.n-VOut bag"means single--use carryout bags, paper sales charges additional revenue to grocers and retailers, bags, recycled paper bags, plastic bags, recyclable plastic M This special interest deal will provide grocers an bags,. reusable plastic bags, composta-ble bags, reusable 1 L i d retailers over $400 million in added revenue- every year----- grocery bags or any other kind of bags used to carry all at the expense of California consumers and with little or purchased items away from a store. no benefit to the environment. (c) (if, The Wildlife Conservation Board may adopt I t with tat ie) The people of California have every right to expect that regulations, and'coordina tee or contract th other state or local agencies, in furtherance of the administration and any sales charges on carryout bags they are rewired by state law to pay are dedicated to protectingthe environment, imp'_'n -mate- of subdivision (P) of this section, not enriching corporations, Section 42272, and Section 42273. SE(.1 Statemcant of Purpose. (2) Notwithstanding any other provision of law, a loan in 3. the amount of five hundred thousand dollars ($500,000" The purpose of the Environi-nental Fee Protection Act is to is hereby nriade from the Safe Drinking,Water. A13-ter Quality fulfill Californians` expectations by requiring that any charges on carryout bags paid by consumers in connection and Supply,. Flood Control, River and Coastal Protection Fund of 2006(Section 75009)to the Wildlife Conservation with, or to advance, any plastic bag ban are dedicated to Board for the purpose of adopting regulations for the appropriate and worthv environinel-ital objectives like administration of 'nistraton and implementation of subdivision (a' of drought -nitigation, recycling, clean drinking water this section, Section 42272, and Section 42273. If the Supplies, Parks, beach cleanup, litter removal, and wildlife 1-noneys in the Safe Drinking ;Water, (Water Quality ty and habitat restoration, Supply, Flood Control, River and Coastal Protection Fund SEC, 4.. Chapter 5.2 (corrirriencing with Section 42270) of 2006 are insufficient to Make the loanrewired by this is added to Part 3 of Division 30 of the Public Resources paragraph, then the loan shall be made from the Water Code, to read: Quality, Supply,. and Infrastructure improvement Fund of C;ml,,4,r,rER 5.2, C,�I.RRYour BAG CHAPGES' 2014 (Section 79715 of the Water Code). All moneys &,-VIRONMENT41' PROTECTION AM-,, ENHANCEMENT deposited into the Environmentai Protection and Enhancement Fund shall first be used to repay the loan 42270, This chapter shall be known, and may be cited, until the full loan amount is repaid. The Controller and ail as the Environmental Fee Protection Act. other responsibIL-1 state, offici.als shall take all actions 42271. (a) Notwithstanding any other provision of law, necessary to effectuate the loan required by this paragraph. all rooneys generated or collected by a store pursuant to a 42272, (a) The Enviror.,mental Protection and state law that bans free distribution of any type of carryout Enhancement Fund is hereby established in the State bag, and mandates the sale of any other type of,canyout Treasury bag. shall be deposited into the Environmental Protection 1 n) notwithstanding any other provision of law, the and Enhancement F',,,,ncj', which, is established in the State (�, J ng Environmental Protection and Enhancement Fund is 3 Treasury and administered by the Wildlife Conservation Board pursuant to Section 42272. trust fund established solely to carry out the purposes of this chapter Notwithstanding i .1 In ng Section -3340 of the (b) For purDoses of this chapter: Government Code, all monews deposited ; the fund, bo (1) "Store" means 3 retail establishment that l-neefS any together with interest earned 31 by v the fund, arc, hereby Of the fbllOWiPg'rPaLNrer-rier7ts: continuously appropriated, without regard to fisc I years, -, (A) A full--line, sell.f--service retail store with gross annual to the Wildlife Conservation Board solefiv for the purposes sales of two million dollars ($2,000,00011 or more that set forth ';n subdivision (c). sells a line of dry groceries, canned goods, or nonfood (c) The ffildl,ife Conservation Board shall' use the mlnne�ys items,tems, and some perishable items. in the Environmental Protection and Enhancement Fund (B) Has at least, 10,000 sauare feet of retail space f-hat to fund environf-riental protection and er.,hancenrient grants. Projects and programs eligible for grants are as follows:generates sales or use tax pursuant to the Bradley--Burns Uniforr-ri Local Sales and Use 7ay Law (Part 1.5 (1) Drought initigathon projects including, but not limited (commencing with Section 7.200) of Division 2 of the to, drought-Stressed forest rel-nediation and projects that Revenue and 7axattior., Code) and has a pharr-riacy licensed expand or restore wetlands, fish habitat, or waterto-w! PUrSU3171t to Chapter 9(com,mencing with Section 4000)of habitat. Division 2 of the Business and Pnotlessions Code. 0 Recycling, (C) Is a convenience food store, foodr-riart, or other entity /j) lean drinking water supplies. that is engaged in the retail sale of a lim'ited line of goods, generally including, milk, bread, soda, and snackfoods, (1) State, regional, and local parks. and that. holds a Tyre 20 or Type 21 license issued by the 6mi) Beach cleanup. Department of Alcoholic Beverage Control. (6) Litter removal. (D) Is a convenience food store, foodmart, or other entity that is engage(,' in the retail sale of gooat intended to be (7) Wildlife habitat. restoration. consumed off the premises, and that holds a Type 20 or (d) The Klildlife Conservation Board shall use no r-flore, Type 21 license issued by the Department of Alcoholic than 2 percent of the moneys in the Environmental Beverage Control, Protection and Enhancement Fund for administrative Text of Proposed Laws 1 211 TEXT DF PROPOSED LAWS PROPOSITION G5CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Gran percentt recipients shall'use no more than 5' conflicting initiative is later held inva|id, this measure uf any nm �mnecere� � /n r�� /nu/�o�veeu�enues shaU n beoe|f+eXecutinQ and given full force and effect, (e) Prior ho disbursing any grants pursuantbothis chapter, SEC, 7, Severab||ity. 0 de the Wildlife and~''~^'`~^~'' ~~~'~ yh~ '^'~ The provisions of this act are severab|e� !f any portion, solicitation ~ ~ evaluation The guide~^'~~ may~ ' section subdivision, paragraph, dause' sentence, phrase,a limitation on the dollar amounts of�ranb to, be � ' |ioationofthis act 's for any held to bemrd' o' app ~~~nded� Prior ^~ fin~''^'''u '~ �~ ~~'' '~~' ^ '~ Wildlife jurisdiction Conservation Board shall post the draft guidelines invalid by adecision ofany court ofoumpetent neu on its ' that deciaion yha|| not affect the validity ofthe rema|ning /n�er � � b s and conduct, three public ea ��s � c oiona of this act� The people of the State of 'California cny�erp~b�~ cunnnen±s� One b/ic hearing shall be p uu|d have adopted this act and hereby declare thatthey w held in Northern California, one held aauh and every portion section, subdivision, paragraph, the Central Valley, and one hea� �� shall be held /n ' ' ' ' Southern California. c|ause, sentence, phrose, word, and application nuT declared invalid or unconstitutiona| without regard to (f) /I/ The nonpartisan California State Auditor shall whether any portion uf this act ur application thereof would conduct a b/enn/a/ �x�e�endent �nanu/a/ audit of the be subsequently declared invalid. programs receiving funds pursuant to this chapter. The California State Auditor shall report its findings to the SEC. 8. Legal Defense. Governor and both houses of the L f-une, and shall If this act iu approved by the voters of the State ofCa|ifomio make the findings available to the public mn its Internet and 'thereafter su ibjected to a legal challenge alleging a Web site. violation uf federal |aw, and' both theGovernor and Attorney �) (A) The California State Auditor shall he ne�nburyad General refuse to defend this act, then the following � h�nn noon /n the Enwron/nente/ Protection and be taken: on and Enhancemenf Fund toractual costs incurred/nconducting (a) Notwithstanding anything to the contrary contained in the biennia/ audits /egu,;red by this subdivision, /n an Chapter6 (oummencinQWith Section 12500) of Part 2 of amount not to exceed four hundred thousand ob//ary Division 3 of Title 2 of the Government Code or any other ($40L\00D) Der uud7t law, the Attorney General sha|l appoint independen- /8/ The /bur hundred thousand dollar ($40�' Gy per counsel to faithfully and vigorously defend this act on � beha|fofthe State ufCa|ifurnia aud/fnnax�vu/nln�/tyhaVb db/enn�a0ytu/e�ecf . any increase ordecrease /n inflation us /neasuredbythe (b) Be-fore appointing or thereafter substituting Consumer Price Index for All Urban Consumers (CPI-L), independent counsel, the Attorney General shall exercise The Treasurers uffioe shall calculate and Publish the due diligence in determining the qua|ifioations of aoyusbnentx/eguiredby this paragraph. independent counsel and shall obtain written affirmation 42273. (a) Notwithstanding any other /aw( /uoa/ from independent counsel that independent oounse| Will ifu||y and viorous|y dofend this act. The written n fait pursuant to any local law that b free distribution fa 'y a�irmation shall be made publicly available upon request.'ype of carryout bag, and roandazIL-Is the sale cf any ubher (u) A oontinuous appropriation is hereby made from the type of car�yout bag. tube deposited into the Environmental General Fund to the Controller, without regard to fiaoa| Fruheut/on and Enhancen/ent- Fund and used for the years, in an amount necessary to cover the costs of purpuaea set forth in Section 42272. retaining independent counsel to faithfully and vigorously defend this act on behalf State of(b) For Purposes of this section, 'Yoca/ law" means a California. ordinance, resolution, /avi� regulation, or other legal authority adopted, enacted, or iroplemented by anyci�K PROPOSITION 66 / count charter ch�rte,countKspecial '--`'�'y�ho��d�sbic� com'nnun`^ cu/�6�, or This initiative measure is submitted to the people in �� ` ` a000rdancewith the pruviy|uns ofSe�bon 8 of Article || of urre�ona/gnwynn/nenty/en�h� the California Constitution. SEC. 5. Liberal Construction. Th|a initiative- measure- amends and adds sections tothe This act sha|| be liberally construed in order to effectuate Gove,nmen� Code and the Penal Code � therefore existing its purposes. provisions proposed to be de|eted are 'printed in,strikeaut SEC, 6. Conflicting Measures. type and new provisions pnpoaed to be added are printed type indicate new. (a) In the event that this measure and another measure or in /te//ctMo . measures relating to the use of moneys generated o, collected by stores pursuant to laws that ban free PROPOSED LAW distribution, and mandates the sale, uf any or a!! types of SECT ION 1. Short Title. carryout bags shall appear on the samestatewide election T his Act shall be known and may be cited as the Death ballot, the other measure or measures shall be deemed to be in conflict with this measure. In the event that this Penalty Reform and Savings Act uf2OI6. measure receives a greater number of affirmative votes, SEC. 2. Findings and Declarations. �he Provisions ofthiumeauuresha!! prevail intheirentirety l California's death penalty system is ineffective because and the proviyionsofthe other measure or measures shall of waste, delays, and inaffiuienoies. Fixing it will save- be null and void. California Taxpayers millions of dollars every year. These (b) |f this measure is approved by the voters but superseded wasted taxpayer dollars would be better used for crime in whole or in part by any other conflicting initiative prevention, education, and services for the elderly and approved by the voters at the same election, and such disabled. 212 1 Tuxtufpmpuseu Law, TEXT DF PROPOSED LAWS PROPOSITION GGCONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 2. Nlurderv|utimoand 'heir tami|iesare entitied to justice oe�ificatiun of the record for oomp|eteness under and due process. Death now ki!!ory have murdered over subdivision (d) of Section I90.8 or reoolpt by the IIXJG victims, ino|udinQ 229 chi|dren and 43 police appe|iant's cuunse| ufthe �ompiet�d record, whichever is officers; 235 victims were raped and QO victims were later, except for good Cause. However, in, those cases where tortured, the trial transcript exceeds lO,OOO pages, the briefing 3. Fami|iaa of murder victims should not have to wait shall be comp|etedwithin the time limits and pursuant to the pruoedur decades for justice. These delaysfurther th he m|esofcuu� adopted by the fa rn 11 i es who are waiting for justice. For example, serial Judiuio| Councii kiUer Robert Rhoades, who kidnapped, raped, tortured, (o) In all cases in which a sentence of death has been and murdered 8-year-old Michael Lyons d also raped imposed oll, or after January I, I997. it 'is the Legislature's and murdered Bay Area high school student Julie Connell, goal that the appeal be decided and an opinion reaching has been sitting on death row forover I6yeuns. Hundreds the merits be filed within 2I0 days of the completion of of killers have sat on death row forover 20 years. the briefing. However, where the appeal and a petition for 4. ln 2012' the Legislative Analyst's Office found that writ of habeas corpus 'is heard at the same time' the petition should be decided and an opinion reaching the ei|minath4gspeoia| huusinQfordeath n�w kiUersvviU yave benu of mi!!ions of dollars yeor. These could merits Should be �!ed within 2I0 days of the uomp!etion -'-' ' be invested in our schools, law enforcement, and briefing for the petition ement. and . communities to keep us safer. �V The n�h� of mcbrnu of' crime to a Pronpt and final 5 Death row killers should be required to work in prison u«»u/uy/«»' aspnox�ed/npa h �Vufyubd/v��n �V � ' of Section 28 ofA/f/c/e / of the California Cons�tubon and pay restitution to their victims' fami||es consistent ' /»c/»des the niuht to have judgment,, of death carried out with the Victims' Bill of Rights (Maryy' �u Law) Refusal to wxth/na reasonable bna. Within I8 months of the effective iu shou| result i ia|wo,k and pay restitution date of this /n/ba�we the �ud�/�/ Council shall pr|:i|e0aa ' ~ ~ adopt � /n///a/ rules and standards of administration designedto a� processing of Reforming the existing inefficient appea!u process for �eoYta�he�rooesx/ ofcep/te/appeals and otet�habeas death penaltyi|| fairness forbothdefendants corpus review Within five years of the adoptionf the and victims. Right now, capital defendants wait five years /n/f/a/ rules or, the entry of iudgment, whichever is later, or more for appointment of their appellate lawyer. By the state courts shalt complete the state appeal and the providin8promptap i t antof attorneys, thedefendants' initial state habeas corpus review /n capital' cases. The o|aims will be heard sooner. Council shall conf/nuoush/monitor the timeliness 7 no sh of cases and amend the ru/es arid defendant's c|aim ufaotuai innooeeu !imited, but frivolous and unnecessary c!aims should be standards as necessary to complete the state appeal and restricted, Theyetactios havewastedtaxpayerdo||arsand /n�da/atabahabeacun(pua d�\�/ m�th/nthefive-yeer delayed justice for decades. period provided/n this subdivision. 8. The state agency that is supposed to expedite yecundary f,* (e/ The fall fallure of the parties review of death penady cases iy operatin� vvithout any effective oversight. causing long-term delays and wasting shall nat be a gratind faf granting relief frarn a judgment Of taxpayer dollars. California Supreme CuurtoversiQhtofthiy Of 3 court to cu/'/p;' w«// state agency will ensure acoountabi|it� the�n�e/�n�/nsubdo�s�n �Vsha8 not a�ec�the va�do� f� /urrp g. Bureaucratic egu|utions have needlessly delayed ~��on //requirea court ta0� appear' enfomement of death penalty verdicts, Eliminating ' / d comply wasteful sponding on repetitive cha!|*ng*s to these eitherextraordinary or any victim� f the- f�ns' ' - k/e�ef - reGu|atiuns vvi|i result in the fair and e�eotive �t�'party of mandate. which the pe ' imp|ementation of justice. `is filed shall act on/f within 60 days of'filing. Paragraph (1 IO, The California Constitution gives crime victims the ofsubd/ws/on ("c)ofSecton2BofAnbc/e/cftheCa//fovn/a right to timely justice. Acapital case can be fully and fairly Constitution, regardingstanding fo enforce victims'/ights, reviewed by both the state and federal courts within ten applies bo this subdivision and subdivision &y. years. B;adopting state rules and procedures, victims will SEC. 4. Section 1227 of the Penal Cudo is amended to receive timo�/ justioe and taxpaye,swi|| uave hundreda of read: millions uf do||ary. 1227. (a) |f for any reason other than the pendencyuf �I. California's Death Row includes serial killers, uop an appeal pursuant tsubdivision (b) of Section 1239 of hi||eca, child ki||ers, muss murderers, and hate crime this code a ]udQmant of death, has not been axeouted, and killers. The death pena|t;system is broken, but it can and it remains in force, the the court in which the conviction was should be fixed. This initiative will ensure justice for both had shall, on app|/uation of the district attornay, or may victims and defendants, and will save hundedsufmillions upon its wwn motion, make and cause to be entered an of taxpayer dollars. order SEC. 3, Section 190.5 of the Penal Code is amended to oun read: -G days from, th-e �90,6. (a) The Legislature finds that the sentence in all. -- - ---� -- ---' -- -------' ----- The J 0-dav'-� begin no less --os than after, oapita| cases should be imposed expeditiously. �- ��--�tered and sha0end no more than '- (b) Therefore, in all cases in which a sentence of death after the order is entened In7rnediately hasbeenimpoyedonoro�er�anuaryl' lyg7. thoopen�8 en�ereu( aoe�ifiedoopyofs��h the order, appellate brief in the appeal to the State 8upreme Court c|ark, under the seal oftha court, shall, for the purpose of shall be filed no later than seven months alter the execution, be transmitted by registered mail to the warden Text ofp,uposox 1-a*m 1 213 TEXT OF PROPOSED LAWS PROPOSITION 66 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- of the state prison having the custody of the defendant; Section 190.2 is true, a claim, that the defendant was provided, that it the defendant be at large, a warrant for his under the age of .18 at the time of the crime, or a claim apprehension may be issued, and upon bei ng apprehended, that the defendant has an intellectual disability, as defined he shall be brought before the court, whereupon the court in Section 1376. A clairn relating to the sentencing shall make an order directing the warden of the state decision under Section 190.3 is not a claim of actual prison to whom the sheriff is instructed to deliver the innocence or ineligibility for the purpose of:this section. defendant to execute the Judgment -at----a---s- ii-Th ed-14fte, (e) A petitioner claiming innocence or ineligibility Undjer within a period of 10 days, which shall riot -1.�)e begin less subdivision (d) shall disclose all material information than 30 days nor end more than 60 daYs from the 'Lime of rotating to guilt or eligibility in the possession of the making Such order. - y the petitioner or present or former counsel for petitioner lf the (b) From an order fixing the time for and directing the petitioner willfully fails to make the disclosure required by execution of such judgment as herein provided, there shall this subdivision and authorize disclosure by counsel, the be no appeal. petition may be dismissed. SEC, 5. Section 1239.1 is added to the Penal Code, to ("I" Proceedings under this section shall be conducted as read: expeditiously as possible, consistent with a fair 1239.1. (a) It is the duty of the Supreme Court in a adjudication. The Superior Court shall resolve, the initial capital case to expedite the review of the case. The court petition within one year of filing unless the Court finds that shall 3PPOil7t counsel for an indigent appellant as soon as a delay is necessary to resolve a substantial claim,of:actual possible. The court'.,shall only grant extensions oft time for innocence, but in no instance shall the court take longer briefing for compelling or extr3ordin3ty reasons. than two years to resolve the petition. On decision of: an initialpetition ion, the court shall issue a statement of decision 01)) When necessary to remove a substarnfial backlog- in petit appointment of counsel' for capital cases, the Supreme exPlaining the factual and legal basis for its decision. Court shall require attorneys who are qualified for (g) if a habeas corpus petition is pending on the effective appointment to the most serious rion-capital appeals and date of this section, the court may transfer the petition to who meet the qualifications for capital appeals to accept the court.- which imposed the sentence. In a case where a appointment in capital cases as a condition for remaining judgment of death, was imposed prior to the effective date o/7 the courts appointment list. A "substantial backlog" of this section, but no habeas corpus petition has been exists for this purpose when the time frorn entry of filed prior to the effective date of this section, a petition judgment in the trial court to appointment of counsel' for that would otherwise be barred by subdivision (c) may be appeal exceeds 6 months over a period of 12 consecutive filed within one year of the effective ,late of this section or months. within, the time allowed under prior lair, whichever is SEC. 6. Section 1,509 is added to the Penal Code, to earlier. read: SEC. 1'. Section 1509.1 is added to the Plenal Code, to 1509. (a) This his section applies to any petition for writ o't read: habeas corpus filed by person in custodv pursuant. to a 1509,1. (a" Either party may appeal the decision of a judgment of death. A writ of habeas corpus pursuant to superior court on an initial petition under Section 1509 to this section 'is the exclusive procedure for collateral attack the .court of appeal. An appeal' shall be taken by filing, a on a Judgment of death. A petition filed in any court other notice of appeal in the superior court within-30 days of the Phan the court which ir0posed the sentence should be courf.s decision granting or denvin the habeas petition. A promptly transferred to that court unless good cause i s successive petition sfi-a'll not.1 be-used as a means of shown for the petition to be heard by another court.-. A reviewing a denial of habeas relief, Petition filed in or transferred to the court which imposed (b) 7-hp issues considered on an appeal L,,,n de r L 6' LO the sentence shall be assigned t the original trial judge subdivision, (a)shall be limited to the claims raised in the unless that judge is unavailable or there is other good superi.Or cour except that the court of' appeal may also cause to assign the case to 3 different Judge. I t, 'der a clairn of ineffective,assistance of trial counsel consl H (b) After the entry of ajudgment ot'death in the trial court, the failure of habeas counsel to present. that claim to the that court shall offer counsel to the prisoner as provided in superior court constituted ituted ineffective}I assistance. The court 66 Section (582 of the Government Code. Of appeal may, if additional findings of fact are required, (c) Except as provided in subdivisions (d) and (g), the make a limited remand to the superior court to consider initial petition must be filed within one year of the order the C13,;M. entered under Section 68662 of the Government Code. (c) The people ple may appeal the decision of the superior (d) An initial petition which is untir-riely under courLgr,3nti,,.,grei'I;L-Il'onasuccessi'vepetit.icn. Tho petitioner subdivision (c)or a successive petition whenever filed shall n,,a_'l appeal' the decision of the superior or court denying be dismissed unless the court finds, by the preponderance erance relief on a successive petition only it:the superior court or of ail available evidence, whether or not admissible at trial, the court of appeal grants a certificate of appealability. A that at the defendant is actually innocent of the crime of certificate of appealability may issue under this st,.ibdivision h L I which he or she was convicted or is ineligible for the only if the petitioner has shown both, a substantial claim sentence. A stay of execution shall not be granted for the for relief, which shall be indicated in the certificate, and a purpose of considering a successive or untir-flety petition substantial claim that the requirements of subdivision (d) unless the Court finds that the petitioner has 3 substantial of Section 1509 have been met.. An appeal under this .claim of actual innocence or ineligibility. "Ineligible for the subdivision shall be taken by filing a notice of al) eal in p sentence Of death' means that circumstances exist placing the superior court within 30 days of the courts decision. that sentence outside the range of the seniencer's The superior court shall grant or deny a certificate of discretion. Claims of ineligibility Mchicle- 3 claim that none appealability concurrentlyivith 3 decision denying relief on of the special circumstances in subdivision (3) of the petition. The court of appeal shall grant or deny a 214 1 Text of ProrYlsed Liaws TEXT DF PROPOSED LAWS PROPOSITION GGCONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- certificate of an application for a certificate. The Jurisdiction of the court 4t)4711-e of appeal.is limited to the claims identified in the cerl.ificate transfer of any eande,99pied innnate. and any additional claims added by the court of appeal �-,*---spee+4: d-------trftiftitig------- --------ftr-------157t1p,-_mt:S-tftg within 60 da,,s of -the notice of appeal. An appeal under be pfavided to thase Hige his subdivision shall have pr'Ority over all other matters f-ame.f tt-&, and be decided as expeditiously as possible. whe supervise eande,99pied inffial-es 819 a regular basis. SEC. 8. Section 2700.1 is added to the Penal Coda, tofe read: 27002 SecKon270D applies to inmates sentenced /n af death, except ey otherwise Provided in this section. used at the Galiferigia Medie-al Faeilizy or Ever person fbund�u��yofnnurde� �anbyncedbodeath, -'��- -' itLiti and held by the Department, of Corrections and ---- �-�- ��- ��-- -�-� -- --��- - - - ��----- -ffl - - iti Rehab., pursuantboS bn 36O0bu36 0 02sh be ' - 'in-mate '-- ---- -- - the -— -- gas een adequately treated 8F is in remissi.-M. required to work as many hours of faithftul labor each day he or she is so held as shall be prescribed the rules and regulations ofthedeparbneni nrnalra�rprp. Physical education and physical fitness programs shall not --T- GU31ifyas work forpurposes of'this section. The Department elassifieatie,.!;. PP'E)0-eF_4HFe5 provided to Grade B eandernmed of Conrectionsand Rehabilitation may revoke the privileges . of'any cor.,demned inrnate who refuses to work as ref7uired fistittited at Galifernia State Prison, Saeramento, /n any case where the condemned inmate owes urestitution fjraeedtjreq �neor/es�tu�/ono/de theSecretary of the Department of right�ays and the appertuigi Corrections and Rehabilitation shall deduct 7U percent or to oetition for a rettjrrl to Sari Qt-,eritin State Prison, .he balance owing, vvh/chever is less, from the condemned /n/nate� w«�ey and trust account regardless of `�' ~'''''~ ~^^~''�/ ~''~'^ ~``^'~ r``^�~'^~ that ~^ the source of the/nuon�e' and uhaV�ons�rthose funds tu afforded ^~ ~~'~~''^'`~ inmates Housed �^ ~~'' Quentin^ the CaliforniaVictim Compensation and Government ~~^` ' ''~~'' -'~^ be ~''~~~~ to -~'~~'^'`~ ''^''~^-~ designated by -the Claims Board the ru�sand bbnnsofthe '---- - ----- ------- '---� and pu�u�n��u --- - ------ at -- --tf---- --- Pf-1 Department of'Correctionsernno 3ec�ons2D8�5and272��fi ------- �--'-' --' ----- - —ean---- SEC. 9. Section 3600 of the Penal Code is amended tu Health treatrigent shiall be earn.mensu rate with read: GOO (-a4 Every rnale person upon whom has been p" oe"'=, imposed the judgment of death, shall be delivered to the, A--- warden of the California i designated department for the execution of the death penaltyFtil-,� San Qtjelltill Statt, Pi-ison at leatt 68 days prior to hit C,3. ih1orn,ia prison until execution of the liudgn7ent. The ptirstiapit 4- department may transfer the inmate to another Prison which i'de-lerrn;nes to provide a level of security sufficient the prison designated for execution of the death penalty after an 188-degree housing dnit faeilities with an eleetrifi_ execution date has been set. periffieten, sl=iall he evaltjated by the Departffient (b) any other provision of law, Gerreetiaigs for suitability far the see-LiFe .mausing and the SEC. lC. Section 36O4of the- Pena| Code ia amended to /euu� ^"==" "'== "'"v '=°""'s "= 3504. (a) The punishmentofdeath shall be inMioted by ^'""S"'^""""ae`'"""a'Sail Quentin �==' ''=""' p"'="a"' the administration of a lethal by an intravenous injection of substance orsubstancey in a lethal quantity yu�io|entto cause death, by standards etab|ished under the direction of the Department of Corrections and Gaerangeta. Rehabilitation. (A) Hangieide. (b) Persons sentenced to death prior to or after ;the operativedat�ofth|osubdivisionsha|| have the opportunity of to e|ect -o have the punishment imposed by lethal gas or �� lethal injection. This choice shall be made in wntinQ and `"' E=^"pe ,`'`'' '=`= = a"='''p`"" "=`"pe with =e= shall be submitted to the wanden pursuant to regulations established by the Department of Corrections and Rehabilitation. Ma person undorsenTenue ufdeoth does Text ofp,uposox Laws 1 215 TEXT OF PROPOSED LAWS PROPOSITION 66 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- not choose either lethal gas or lethal injection within 10 (b) The purchase of drugs, medical supplies or medical days after the warden's service upon the inmate of an equipment necessary to carry Out an execution shall not be execution warrant issued following the operative perative date of subject to the provisions of!Chapter 9 (commencing with this Subdivision, the penalty of death shall be imposed by Section 40001)of Division 2 of the Business and Professi.ons lethal injection. Code, and any pharmacist, or supplier, compounder, or (c) Where the person sentenced to death is not executed manufacturer 7317tifa. cturer of pharmaceuticals is authorized to dispense on the date set for execution and a new execution date is drugs and supplies to the secretary or the secretary's subsequently set. the inmate again shall have the designee, without prescription, for carrying out the opportunity to elect to have punishment imposed by lethal provisions of this chapter. gas or lethal injection, according to 'the procedures set (c) No licensing board, department, commission, or forth in subdivision (b). accreditation agency that oversees orregula tes the Practice he alth 7 s I of: ealth care or certifies or licenses health care 'd) Notwithstanding subdivision (b), 11 either manner of execution described in subdivision r''a) is held 'invalid. the professionals may deny or revoke a license or certification, censure, reprimand, suspend, or take any other disciplinary punishment of death shall be imposed by the alternative y means SDecified in subdivision W. action against any licensed health care professional for any (e) The .Department of Corrections and Rehabilitation, or action authorized by this section. the any successor agency with th dirty to execute Judgments SEC. 13. Section 68660.5 is added to the Government of death, shall maintain at all times the ability to execute Code, to read: such judgments. 68660.5, The purposes of:this chapter are to quality the SEC. 11, Section 3604.1 is added to the Penal Code, to State of California for the handling of federal habeas read: corpus petitions under Chapter 154 of Title 28 of the 3604.1. (a) The Administrative Procedure Act shall not 1.1nited States Code, to expedite the completion of state gs in capital cases, and to provide apply to standards, procedures, or regulations Promulgated habeas corpus proceedir. . p qU31it'1 representation in state habeas corpus for inmates pursuant to Section 3604, T,'.,e department shall make the sentenced to death. This chapter shall be construed and standards adopted under subdivision (a) of that section on available to the public lic and to inmates sentenced to death. admin.1sitered consistently vvith those purposes. The department shall prompQv notify the A ttorney General, SEC. .14. ' Section 68661 of the Government Code is the State Public Defender, and counsel for any inmate for amended to read: whom an execution date has been set or for whom a rnOtiOn, 68661. There is hereby created in the judicial branch of to set an execution date is pending of any adoption or state government the California Habeas Corpus Resource amendment of the standards. Noncompliance with this (-'enter, which shall have all of the following general powers subdivision is not a ground for stay of an execution or 311 and duties: injunction against carrying out an execution unless the noncompliance has actually prejudiced the inmate!s ability (a) To employ up to 34 attorneys who -nay be appointed by to challenge the standard, and in that event the stay shall NI&SHPt'erfl(_-GOHrt pursuant to Section 68662to represent be limited to a tnaxirnUm, of 10 days. any person convicted and sentenced to death in this state who is Without Counsel, and who is determined by a court (b) Notwithstanding subdivision (a) of Section 3604, an of competent jurisdiction to be illdiigent. for the purpose of execution by lethal injection may be carried out by means nd asteenvitienaetiennsiung a prosecung p habeas of ean injection other than intravenous if the warden, corpus petitions in the state and federal courts, challenging 1,C, ,d ' rmines that the condition of the inmate makes the legality of the judgment or sentence imposed against intravenous injection unpractical. that person, subject to the limita tions in Section 68661.1, 'c) r, executive Y The court which rendered the judgment of death has and preparing petitions for executive clemency. -A,+ An exclusive jurisdiction to hear any claim by the condemned such appointment may be concurrent with the appointment inmate nrnaie that the method of execution is unconstitutional 1 or of the State Public Defender or other counsel for purposes otherwise invalid. Such 3 claim, shall be dismissed if the of direct appeal under Section 1.1 of Article VI of the court finds its presentattion, was delayed without good California Constitution. cause. If the method is found invalid, the court shall Order (b) To seek reimbursement for representation and expenses the use of a valid method of execution. 11, the use of a method of execution is enjoined bv a federal court, the pursuant to Section 3006A of Title 18 of the United States lode when providing representation to indigent persons in Department of Corrections and Rehabilitation shall adopt, " r, indigent within 90 days, a method that conforms to federal t'h'e federal courts and process those payments via the Federal Trust Fund. requirements as found b'v that court. /f the department f31ls to perform any duty needed to enable it to execute the (c) To work with the SupFeffle Gap,4 courts in recruiting Judgment, the court which rendered the Judgment of death members of the private bar to accept death penalty habeas shall order it to perform that duty on its own motion, On corpus case appointments. motion of the District attorney or attorney General, or on (d) To establish and periodieally update recommend motion of any-victim of the Crime as defined in subdivision(e) attorneys to the Supreme Court for inclusion in a roster of of Section 28 of Article / of the California Constitution. attorneys qualmied as counsel in posteenvietioit habeas SEC, 12. Section 3604.3 is added to the Penal Code-, to corpus proceedings in capital cases, provided that the final read: determination of whether to include an attorney i in the 3604.3, (a) A physician may attend an execution for the roster shall be made by the Supreme Court. and riot. purpose Of pronouncing death and may provide advice to delegated to the center. the department for the purpose of developing an execution (ca) To establish and periodically update a roster of protocol to minimize the risk of pair., to the inmate. experienced investigators and experts who are r uali`ed to 216 1 Text of ProrYlsed Liaws TEXT DF PROPOSED LAWS PROPOSITION GGCONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- aosixtcuunoe| in posileonvieilion haheaycoq/uypmceedin8s tn Section J509ufthe Penal Code upon finding that the in capital cases, person is indigent and has accepted the offer to appoint (f) To emp|oy inv�stiGators and exp��s as staff tu pro«|de counsel or is unable to competently decide whether to services to appointed counsel upon nequest of couns*|. accept orreieot that offe� provided that when the provision of those services is to (b) Af|rid irig, after hearinR if necessary, that the prisoner private counsel rejected the offer to appoint counsel and made that those services shall be pursuant to contract between decision with full undestandingof the |ega| consequences appointed counsel and the center. of the decision. ( ) To provide legal or otheradvice (o) he denial to appoint counsel upon a hndingthat the athe M.- available, aigy ether assistanee to appointed person is not indigent. uounse| in proceedings is ' - habeas -- SEC l7 Section 68664 of tha Govemment Code is appropriate when not prohibited by law. SEC. � amended to read: (h) To develop a brief bank of p|eadings and related m 68G64� (a) hecente,sha|| bemanaged byanexeoutive ' habeas pmoeedinQsinoapita| casey director who sha|i be responsible for the day �o-day 'and to make those briefs 'vai|ab|etoappointed counsel opeetionsofthecenter (i) To evaluate cases and recommend assignment by the (b) The executive director sha!! be chosen by * five� court of appropriate attorneys. (]) To provide assistance and oauo progress monitoring as ---h Appellate needed. all of w1h—n - -—� -----��-` 1--'-' n- - '�—�-' h- - (k) To timely review case billings and recommend the Su compensation of members of the private bar tothe court. Court. The executive director shall serve at the will of the (0 The center shall report annually to the the �:a�� Su�ren/eCou� LeQis|atue, the Governor, and the Supreme Cuurton the ( ) Eaeh merinbe r of the board shall be appointed to serve ute�uy of the appointment c� counsel for indi0ant peemnyff in pzistef,-v�4�ert habeas corpus capital cases, and on the rfla;i[jerasthe reports. The report shall list all cases in which, the center 4-,ttte - fif f -of t e i's p'l-oviding representation. For each case that has been no later than Fel�ruary 1, 1998. The executive dite..ctor pending'.rnore than one year in any court, the report shall shall ensure that all matters in whiCh the Centelr'DrOVideS stale, the reason for the delay and the actions the center is representation are completed as expeditious1_11 as possible taki to bring,the case to coropletion. L consistent with effective representation, SEC, I5� Section 6866l.I is (d) The executive director shall meet the appointment Code to' qualifications ofthe State PubUo Defender as specified in 68662.I. (a) The center may represent a person SectionI54OO. sentenced bu death ona fedara/ habeas ��o /f^"'p"^ �^ '' (e) The executive director sha|l receive the salary that and only/f(2) the center was appointed to t that yhu|| be specified for the State pub// person onytabe habeas uo�u/s, �V the»e«ter/saPP»/nbad De/�nderinChapter6 (uo `^~�~~i-- ~�``~^otion Il55O� for that p by ''^''~'^ ''� '`^'' ~~ ' ~' of Part I of Division 3 of Title 2 A0 other atb�nevy ��cb� de�m�es that compensation �m � ��/ � ''' court will fully^ cover the cost'~ '`r~~~'^~~'~^ Neither the ployed by the Cen,�ryha8be enoafedat the same /eme/ as co ' r~^~b/e positions /n the Office of the State center nor any other person or entity'---/' '� ytabefundy Public Defender. shall' spend state funds to attack /n federal ouu/t any /u ofa California uou/fma capital caye\ other than SEC. 18. Section 68665 of the Government Code is review/n the Supreme Court pursuant. to Section I257of amended to read: Title '28 of'the United States Code. 68565. (a) TheJudicial Council and the Supreme Court (h) The center is not authorized-to neooesentany person /n sha|| adopt, by rule of court, binding and mandatory any action other than hahasy co which constitutes a competency standards for the appointment of counsel in mu//atens/ attack on the judgment or seeks to delay or death penalty direct appeals and habeas corpus prevent its execution. The centeryha// not engage /n a1Qy proceedings, and they shall reevaluate the standards as other litiggetiun or expend funds /n any rb ofadvnoacy nee, to ensure that they meet the criteria /n other than as expnssy/y authorized by this yacbun or subdivision (b). Seutibn6866I� (b) /n establishing and neema/uatiqg, the standards' the SEC. 16. Section 68652 of the Government Code is Judicial Council and the Supreme Court shall consider the amended turead: 4ua//ficat/ons needed&/achieve co/npabent representation, 68652 The the d to avoid unduly the sentence shall offer to appoint counsel to reprcesent e4 attorneys so as to provide timely appointment, and the a state ftH-ss�-�,rss prisoner su bject to a capital sentence foi- standards needed to quality for Chapter .154 of Title 28 of purposes of state postconviction proceedings, and shall the United States Code. LEY'IDerienceirequirements shall not, enter an order containing one of the following: be limited to defense experience. (a) The appointment of one or more counsel to represent SEC. lQ. Effective Date. Except as more specifica!|y the prisoner in proceedings pursuant provided in this act, all sections of this act take elfect Text ofp,uposox Laws 1 217 TEXT DF PROPOSED LAWS PROPOSITION GGCONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- immediute|y upon enactment and apply to all proceedings C*IPrap S3. SINGLE-USE CAnRxOIJT BAGS conducted on o, after the effective date. A/�bc� 2. De�n t�ns SEC. 20. Amendments. { ' / n t" naana the Department of �aotaha!| not be amended by the Le8ia|a�ure' except by ResmunceoReuyc — andRemuweK statute passed in each house byro||oa|| vote entered in the (b/ ^Pcstconsu/ner recycled nnahena/'' means a materialjourna|, three-fourths of the membership of each house � � �e�� b destined //d d concurring, or by a statute that becomes effective only ~^ ^'`~ otherwise ^ ^ ' ~~ ''~~^^ '~r`~~'' hav/n� completed its intended end use and product life when approved by the � gc/e Posbconsu/nerrecycled material does not include SEC, 21. 3everabi|ity/Conf|ictinQ Measures!IstandinQ. materials and kyp/nductsgenenobed from, and commonly If any provision of this act, or any part of any proxision, or reused within, an mnE-r/na/ nnanutscfuri 2and fabrication its application to any person or circumstance � fo, any pr»ces�� i reason held tobe invalid or unconstitutional, theremaining 6.c) "Reqycled paper b " means a paper carryout hag provisions and apphoationa which can be given effect provided by3 store tua customer at the Point of'ya/ethat without the invalid or unconstitutional provision or meets all of the following requ/^e/nenb/ application shall not be affected, but shall remain in full (I) (A) E)�ept- as provided m subparagraph (B), contains force and effeot, and to this end the provisions of this act a/n/nirnunnof4U percent pcc±onsu/ner recycled/nateria/o. are severable. (8) An eight pound orsn/3//erneQc6ed �apar bag shall This measure is intended to be comprehensive. It is the contain ann/n�nunnof20percenfposhconuu/nerrecycled inten- of the people that in the event this measure or material. measures relating to the subject of capital punishment (2) Is accepted for recycling /n curbside p /n shall appear on the same statewide e!ec�ion ba||o�' the majority of househo�� that have access ^to'��~.�s/ � provisions of the other measure or measures aha|l be negc�' pn�nanny /n the state. deemed to be |n conflict with this measure. In the event ~ that thio measure receives a Qreater number of afhrmative �V Ha�P�nbydcn bhe b th fbh utacbyoy: votes, the provisions of measure shall prevail in their the c«»nhY where the bag was nnanutecbyrec( and the /n/n�nu/n�ercent��ofpns�consunnerconbent entiret� and all pruviy|unsuftheothermeaoureormeayures shall be null arid void. (d) ''Reuseb/egmce0/ bag" nneans e bag that is prnx�e6 byastore to custu/ner3'the point ofsale bhat/neets the The people of the State of California declare -hat the requirements o/Section 42282. proponent of this act has a direct and personal stake in defending this act and grant formal authority to the (e) /2/ "Reusable grocery bag prod,,,,cer" means a person proponenttodefend this act in any legal proceeding, either «/entity that does anyofthefo0uwving/ by intervening in such legal proceeding, or by defending iA/ Manufactures reusable groceg/ bags for sale o/ the act on behalf of the people- and the state in the event diyhibubon buaybone. that the state declines to defend the act or declines to n' /fV Imports reusable gn:ce�' bags into this stystate, for sale appeal! an adverse judgment againsttheaot. In the event ur distribution boastore. that the proponent iy defending this act in a legal proceeding because the state has'declined to defend it or KJ Sells o/distributes reusable bags to store, to appeal an adverse judgment against it, the proponent �Y "Reusable bagproducer" do � include sha||: act as an agent of the people and the state; be store, with,regardtoareusable grocery bag for which there aubjeuttoa!| ethical, |eQa!' andfiduuiar d tieuapp|icab!o /oann�nutec�uerorimporter, as specified/nsubparagraph to such parties in such legal proceedings; A rooeodin� take and be � /or(f) of paragraph (2/ aubjeut to the oath of office prescribed by Section 3 of 09 (2) "Single-use carryout bag" means a bag made f Article XX of the California Constitution for the limited plastic, Paper, ur other material that /sprovided byastore purpose of acting on behalf of the people and the state in boa Customer atbhe point of:sale and ihat'.-iy not arecycled such legal proceeding; and beentit|edto recover reasonable paper bag or a reusable grocery bag that meets the |ega| fees and related costs from the state. requirements of'Section 42281, �D A e carryout bag does no/ include either of PROPOSITION 67 the following, This law proposed by Senate Bill 270 of the 2013-20I4 (A), A bag provided bye phannacyPu/suant to Chapter -9 Regular Session (Chapter 8,5O, Statutes of 2014) is (conn/nenci"Ig with Section 4000) of Division 2 of the submitted to the people as a referendum in accordance Buy/neys arid pnrtess/ons Code buacuybonnerpurrhay/r!ga with the provisionsof3ection9of Article || of the California prescription medication. Constitution. (B) A nonhanoVed bag used ho protect a purchased item This proposed law adds sections to the Public Resources from damaging or contaminating other purchased /harns Code/ therefore, new provisions proposed to be added are ,Alhan placed in e recyc. � m led a reusable printed in italic type to indicatethat tbag,ayare new. b� or conq�osteb/ep/ashc bag, (C) A bag provided to conta/n an unwrapped food /benn, PR P SE0 LAW (D) A nonhand/ed bag- that i» designed to be placed over SECTION l. Chapter 5.3 (oommencinQ with articles of clothing onahanger. Section 42280) is added to Part of Division 3O of the (g) ^Sfore''nneynsarete//estab//shnnentthafnneetsanyof Public Resources Code, to read: the following requirements: 218 1 Text of pmpuseu Law, TEXT OF PROPOSED LAWS PROPOSITION 67 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (1) A full-lane, self-service retail store with gross annual Health and Safety Code and,not+witi7s,'.-andirigsiib(lf;v.,sl'on(c) sales of two million dollars ($2,000,00011 or more that of Section 25257.1 of the M,e Health and Safety Code, "z: sells a line,ine of dry groceries, canned goods, or nonfood reUS3b/P grocery bag, shall not be considered as a product Items, and some perishable items. category already regulated or subjec1,t to regulation. (2) Has at least 10,000 square feet- of retail space that ((51,1 C�,)rnpites with Section 2(50.12 of Part 260 of Title -16 generates sales or use tax pursuant to the Br3diey--_RUMS o.t I the Code of Federal Regulabons related to recyclable uniform Local Sales and Use Tax Law (Part 1.5 claims if the reusable grocery bag producer makes a claim (commencing with Section 7200) of Division 2 of the that the reusable grocery bag is recyclable. Revenue and Taxation Code) and has a pharinacy licensed PUrSU3/71t to Chapter 9(commencing with Section 4000)of (b IN in addition to the requirements in subdivision (a), Division 2 of the Business and Professions Code, a reusable grocery bag made frorn plastic film shall meet (3) Is a convenience food store, foodinart, or other entity all of the following requirements, I (A-) On and after-lanuary .1, 2016, itshal. be made from a that is engaged in the retail Sale of a limited ited lime of goods, Yc -enerally inchiding trid.k, bread, and snack nods, i-ninn-num stconsumerrec Iedmaternal. g soda, of 20 percent po and that holds 3 Type 20 or Type 21 license issued by the (B) On and after January 1, 2020, it shall be made from 3 Department of Alcoholic Beverage Control. minimum of 40 percent postconsumerrecilCled material, (4) 'is a convenience ence food store, foodrnart, or other entity (C) It shall be recyclable in this state, and accepted for th at that is engaged 'in the retail sale of goods intended to be return at stores subject to the at-store recycling program consumed off the premises, and that holds a Type 20 or (Chapter 5.1 (commencing with Section 42250)) to,,, Type 21 license issued by the Department of Alcoholic recycling. Beverage Control, (D) It sh3'II have, in addition to the information required to e 1, . e t (5) Is not otherwise subject to paragraph (1), 0, (3), or b , rint d on the bag or on a tag pursuant to paragraph (4) , P _, puI (4), if the retail establishr-rient voluntarily agrees to comply of subdivision (a), a statement that the, bag is made partly with the requirement,, imposed I upon 3 store pursuant to or wholly frorn postconsumer recycled material and stating this chapter, irrevocably notifies the department of Its the postconsumer recycled material content percentage,. intent nten,t to comply with the requirements imposed. upon a as store pursuant to this chapter; and complies with the applicable, requirements established pursuant to Section 42284. (F) It shall be capable of carrying, 22 pounds over .3 1'74;fee �/_ _t for a MIT71/1111UM d be at Article 2, Reusable Grocery Bags distance of of -125 uses an least 2.25.rt7ils thick, measured according to the America,,, 42281. (a) On and after-luly-1, 2015, a store, as defined ned Society of Testing and Materials (ASTIO) Standard in paragraph (1)or(2)of subdivision, (g)of Section 42280, D6988-13. may sell or distribute a reusable grocery bag to a customer 0 A reusable grocery bag made from plastic film that at the point of sale only if the reusable bag is made py a Meets the soecdicalhons of the American Society of Testing producer certified pursuant to this article to meet all of the t6flo,wing reqUirernents., and Materials(AS—1,140 International Standard Specification for Compostable Plastics D6400, as updated, is not (1) Hasa handle Arid isdesigned for at least 125 uses, as f-eq _1 to meet the requirements of subparagraph (A) or - provided in this article. (B) of paragraph /1), but shall be labeled in accoraOnce (2) Has a Volume capacity of at least 15 liters. with the applicable state law regarding compostable (3) Is mach'ine washable or made from a material that can plastics. ;cS. be cleaned and disinfected. (C) In addition to the requirements, of subdivision (a), 3 re L I L (4) Has printed of, the bag, or on a tag attached to the ba , usable grocery bag that is not made of plastic film and 9 that is made from any other natural or synthetic fabric, that is not intendedto berernoved, an din a triannervisible to the consumer ail of the following infOr/773"Ion: including, but not limited to, woven or nonwoven nylon, poiropyliyeth ene-ter or Tyvek, shall YP ene, po Yl (A) The name of the manufacturer satisfy ail of the follovvin&- (B) The country where the bag was manufactured. (1) It shall be sewn, 'C) A statement 1 that the bag, ;s a reusable bag and 0 It shall be capable of carrying, 22 pounds over .3 L designed for at least .125 uses. distance of 175 feet for a minimum of -125 uses. (DI If the bag is eligible for t t the e sae, .1 (3) It shall have a nininurn fabric weight o.t at least80 instructions to return the bag to the store for recycling or grains per square treter. to another appropriate recycling location. If recyclable in the state, the bag shat'I include th,e chasing arrows recych:ng (d) On and after July 1, 2016, 3 Store as defined in symbol or the term "recyclable," consistent with the paragraph(3), (4),or(5))ofsubdIvision(g)ofSe,tion42280, Federal Trade Commission guidelines use of that term, as shalt comply with the requiternents of:this section. Updated. 42281.5. On and after July 1, 2015, a producer of: (5) Does not contain lead, cadmium, or any other toxic reusable grocery bags rnade from. Plastic film shall not sell material that may pose a threat to public health,A reusable or distribute 3 reusable grocery bag in this state unless the may rnanufactUrer ay demonstrate compliance with this Producer is certified by a third-party certification entity requirement by obtaining a no objection letter from the pursuant to Section 42282. A producer shall provide proof fe I Do I 1h , dera' Food and Drug Administration. This requirement of certification to the de'partinent detrionstrating t at the shall not affect any authority of the Department of Toxic reusable grocery bags produced by the producer Comply Substances Control pursuant to Article 14 (cornmencing with the provisions of this article. The proof of certification with Section 25251) of Chapter 6.5 of Division 20 of the shall include all of the following, Text of Proposal Laws 1 219 TEXT OF PROPOSED LAWS PROPOSITION 67 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (a) Narnes, lo..cations, and contact infornattion of all (3) Based on its detterinir.,ation, the court shall direct the sources of postconsumer recycled material and suppliers department to removp the reusable grocety bag, producer of postconsumer recycled material, from, or retain the reusable grocery bag, producer 017, its (b) Quant'ity and dates of postconsumerrecycled material list published pursuant to subdivision (ell. purchases by the reusable grocery bag producer (4) If the court directs the department to remove a 'c) How the postconsumer recycled IS material ; obtained, reusable grocery bag, producer from its published list, the L 6' 1 reusable grocery bag producer Shall rernairl off of the (d) Information demonstrating that the postconsumer published list for a period of one year from the date of the recycled material is cleaned using appropriate i'vashing courts detennination. equipf-rient. 42282,1. 63�) A reusable grocery bag producer shall 42282. (a) Commencing on or before July 11, 2015, the submit the fee established pursuant to Subdivision (b) to department shall accept from a reusable grocery bag the department when providing proof of certification or producer proof of certification conducted by a third-party recertification pursuant to Sections 42281.5 and 42282. certification entit,� submitted under penaity of periury, for (b) The department shall establish an administrative , Le each tyre of reusable grocery bag that is manufactured, certification fee schedule that will generate fee revenues imported, Sol(,', or distributed in the state and provide(,' to sufficient. to cover, but not exceed, the dppartment.'s a store for sale or distribution, at the point of sale, that reasonab,le costs to inrilDlernent this article. The department meets all the applicable requirements of this article. The shall deposit all moneys submitted pursuant to this section proof of certification shall be ac..companiedbya certification into to the /`?euS3ble Grocery Bag Fund, which is hereby feeleestablished pursuant to Section 42282. established in the State _iieasurv. Notwithstanding , L I (b) A reusabi e grocery bag producer shall resubmit to the Section 11340 of the Government Code, moneys in the department proof o'I certification cation as described in fund are continuously appropriated, without'.- regard to subdivision (a)on a biennial basis. A reusable le grocery bag fiscal Year, to the department for the Purpose of producer shall provide the department 1111/ith 317 updated implementing this article. proof of certification conducted by a third-Party certification Article 3. Single--Use CXT'10ut Bags entity ity if any modification that is not solely aesthetic is 42283. (a) Except as provided in subdivision (e), on and Made to a previously certified reusable bay. Failure to after July 1� 2015, 3 store, as defined 17 Paragraphs (1) or comply with this subdwision shall result in removal of the (2) of subdivision 6g) of Section 42286,'shall not provide relevant infon-riatiorl posted on the department:') Internet asi.single-use-3rr`10ut bag to a customer at the point of Sale, Web site pursuant to paragraphs 01)and(2)of subdivision(e) I y , I for each reusable bag that la..cks an updated proof of (b) (1) Ot., and after July 1, 2015, a store, as defined in cerr,fication conducted by a third-party certification entity, paragraph (1) or 0 of subdivision (g) of Section 42280, shall not sell or distribute a reusable grocery bag at the (c) A third-party certification entity shall' be 3,' point Of Sale except as provided in this subdivision,. independent, accredited (lSO/IEC 111025) laboratory, A third-party that the (2) On and after July 1, 2015, a store, as defined in h ty certification entity shall certify producer's reusable grocery bags meet the requirement,-of paragraph (1) or 0 of subdivision (g) of Section 42280, Section 44281. may roake available for purchase at ithe, point of sale a reusable grocery bag that meets the requff ne, en,ts of (d) the department shall provide a system to tece.lve Section 42281. proofs of certification online. (3) On and after July 1, 2015, a store, as defined in (e) On and after July 1, 20'Z5, the department shall paragraphph (1) or (2) of subdivision (g) of Section 42280, publish a list on its Internet Web site that includes all of that makes reusable grocery bags available for purchase the following. pursuant to paragraph 0 shall not sell the reusable (I) The name, location, and appropriate contact grocery bag for less than ten, cents ($0.10) in order to 'liorn7ation of certified reusable grocery bag producers. ensure that L cery Dag i.s ir the cos'of providing"a reusable gro J (2) The reusable grocery bags of producers that have not subsidized by a customer who does not require that bag. provided the required certification. (c) (I) On and after July 1, 2015, 3 Store, as defined in (f) A reusable grocery bag,producer Shall 11 submit a p p I iC a b le paragraph (1) or 0 of subdivision (g) of Section 42280, departm L certified test results to the, ent. confirming that the shall not sell or distribute a recycled paper bag except as reusable grocety bag meets the requirements o'fthis article provided in this subdivision. for each type of reusable grocery bag that is f-rianufactured, imported, sold, or distributed in the state and provided to (2) A Store, as defined in paragraph (1) or (2) of a store for sale I or distribution. subdivision (g) Of Section 42280, fray make available for purchase a recycled paper bag, On and after July 1, 2015, (1) A person may object to the certification of a reusable the store, shall riot sell a recycled paper bag for less than grocery bag producer pursuant to this section by filing an ten cents (,�,0,.7(' . 1) in order to ensure that the cost of action for review of that certification in the superior court providing a recycled paper bag, is not subsidized by a of a county that has J furisdiction over the reusable grocery consumer Klho does not require that bag. r bag producer The Court shall determine if the reusable (d) Notwithstanding any other lawn- on and grocerybagprod,,,,ceris in conpliance with the,requirements after July 1, of this article. 2015, a More, as defined in paragraph (1) or (2 of subdivision, (g) of Section 42280, that makes reusable (2) A reusable grocery bag producer Who'Se certification is gnocety bags or recycled'paper bags available for purchase being obJected to pursuant to paragraph 0) shall be at the point of sale shall provide 3 reusable grocery b3.,,a or deemed in compliance with this article pending a a recycled paper bag at no cost at the point of sale to a determination by the court. customer using a payment card or voucher issued by the 220 1 Text of Propose' Liaws TEXT OF PROPOSED LAWS PROPOSITION 67 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- California Special Supplemental Food Program for Women, "Store," that Provides the department, with the irrevocable ll'nts, and Children pursuant to Article 2 (commencing Written notice as specified tl I ed in subdivision (c), shall be '7 With Section 12321 5) of Chapter I of Part 2 of Division regulated as a "store" for the purposes of this chapter. 106 of the Health and Safety Code or an electronic benefit (c) The irrevocable written notice shall be dated and transfer card issued pursuant to Section 10072 of the signed by an authorized representative of the retail Welfare and institutions Code. establishment, and shall include the name and physical (P) On and after July 1, 2015, a store, as defined in address of all retail locations covered by the notice. The paragraph (1) or of subdivision (g) of Section 42280, departtr-rient shall acknowledge receipt of the notice in may distribute a compostable bag at the point of sale, if Writing and shall specify the date the retail establishment the compostable bag provided to the consunrier at the will be regulated as a "Store," Which shall not be less than L I:) L cost specified pursuant to paragraph (2), the compostable 30 day-Safter the date-of the deparlment's acknowledgment. 11 bag, at a minimum, meets the American Society for Testing The department shall post on its Internet I'Veb site, and Materials(ASTM)Internat'ional Standard Spec,ification organized by county, the name and physical location or ho,r Compostable Plastics D6400, as updated, and in the lOC3t,;O/7S of each retail estabiishl-nen,t that has elected to Jurisdiction where the compostable bag is sold and in the be regulated as a "store.,' jurisdiction-Where the store is located, both of the following Article 4. Enforcement requirements are met: 42285, (P) A city a county, a city and county, or the (1) A majoritv or the residential households in the state may impose civil liability on a person or entity that ,Jurisdiction have access to curbside collection of foodwaste know knoviln, I knowingly violated this chapter; or reasonably should have for composting, -th,3' it Violated this chapter, in i the amount of one n (2) The governing authority for the Jurisdiction has voted thousand dollars ($1,000.)per day for the first violation of 'o allow stores in the ;utisalict-ior., to sell to consumers at this chapter, two thousand dollars($2,0001 per clay for the i..h e point of sale a compostable bag at a cost not less than second violation, and five thousand dollars ($5,000,, per the actual cost of the bag, which the Legislature hereby day for the third and subsequent violations, finds to be not less than ten cents ($0.10) per bag. (b) Any civil pena ities collected pursuant to subdivision(a) (f) A store, as defined in paragraph (I) or (2) 0.t I shall be paid to the office of the cil'V attorney, city subdivision (g) of' Section 42280, shall not require a prosecutor, districtattorney, orAtt 11 L _, I Lorneyulene,,3. 11, whichever customer to use, Purchase, or accept a single-use carryout office brought the action. The penalties collected pursuant bag, recycled paper bag, compostable bag, or reusable to this section by the Attorney General may be expended grocery bag-as a condition of'sale of any product by the Attorney General, upon appropriation by the 42283.55, 0171 an,d after Juty 1, 2016, a store, as defined Legislature, to enforce this chapter. in paragraph (3), (41), or (5) of subdivision (g) of Article 5. Preemption Section 42280, shall comply with the same requirements 42287. (a) Except as provided in subdivision (c), this of Section 42283 that are imposed upon a store, as chapter is a matter of statewide interest and concern and defined in paragraph (i) or (2) of subdivision, (k) Of is applicable uniformly throughout, the state. Accordingly, Section 42280. this chapter occupies the whole field of regulation of 42283.6. (a) The operator of a store,, as defined in reusable grocery bags, single-use carryout bags, and paragraph Cl) or (P) of subdivision ,g) of Section 42280 recycled paper bags, as defined in this chapter' provided that nriakes recycled' paper or reusablt, grocery bags by a store, as defined in this chapter. available at the point of sale, shall be subject to the (b) Or, and after January 1, 2015, a city, county� or other provisions of the at-store recycling program ("Chapter 5.1 local public agency shall not enforce, or otherwise (commencing with Section 42250)). implement, 317 ordinance, resolution, regulation, or rule, or V A store that voluntarily agrees to cornply with the any ampn&nent I-hereto, adopt ed on or after September 1, provisions of this article pursuant to subdivision (g) of 2'014, relating to reusable grocery bags,single-use carryout bags, or recycled paper bags, against a store, as defined in Section 42280, shall also cornpljy with the provisions OT t t he at-store recycling program (Chapter 5.1 (commencing this chapter, unless expressiv authorized by this chapter. with Section 42250)). (c) (1) A city, county or other local public agency that has 42283 7. All moneys collected pursuant to this article adopted, before September .7, *014, art ordinance, shall be retained by the st-ore,and may be used only for the resolution, regulation, or TL/Ife relating to reusable grocery followling purposes: bags, single-use carrvout bags, or recycled paper bags may continue to enforce and 'implement that ordinance, (3) Costs associated with, complying with, the requirements resolution, regulahon, or rule that wvas in effect before that of this article. date, Any amendments to that ordinance, resolution, (b) Actual costs of Providing recycled paper bags Or regulation, or rule on or after January 1, 2015, shall be reusable grocery bags, subject to subdivision (b), except the cil.y, county, or other Costs associated with a store's educational materials or local public agency may adopt or amend an ordinance, i.iresolution, regulation, o�rule to increase the amount that education I L d a! cati-ripaign encouraging the use Of reusable a store shall charge With regard to a recycled grocery bags. Lh paper bag, cornpostable bag, or reusable grocery bag to no less than 42284. (a) A retail establishment not specl.n I cahly the amount specified in Section 42283. required to comply With the requirements of this chapter is (2) A city, county, or other local public agency not cover('.d encouraged to reduce its distribution of single-use plastic by paragraph (1) that, before September f, 20.74, has carryout bags. passed a 'first reading of an ordinance or resolution (b) Pursuant to the prov.,stions off subdivision (g) of expressing the intent to restrict single-use carryout bags Section 42280, any retail establishment that is not a and, before January .1, 2015, adopts an ordinance} to Text of Proposal Laws 1 221 TEXT OF PROPOSED LAWS PROPOSITION 67 CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- restrict single-use carryout bags, mav continue to enforce retrain existing er-riployees for the manufacitt,,ring of and implement the ordinance that was in effect before reusable grocery bags that, at a minimum, meet the January 1, 2015. requirernents of Section, 4228.11 Article C. Fin,anc,'311 Provisions (d) AnY moneys appropriated pursuant to, this section not 42288, expend,ed by the end of the 2015---16 fiscal year shall revert to the Recycling Market Development Revolving [Subdivision (a)of this section is not sulb'iecttoreferenclurr.] Loan Subaccount for expenditure pursuant to Article 3 (bl the department ;ray expend, if there are applican t s' - (c0rWr!er.7crnsz with Section 42010) of Chapter 1. j eligible for fundin.g from the Recycling Markel.Development (e) Applicants for funding under this section may also Revolving Loan Subaccount, the funds appropriated apply for funding or benefits from other economic pursuant to this section to provide loans for both of the development programs for which they may be eligible, following: including, but riot limited to, both of the following. 1,lowing: (1) Development and conversion of machinery and (1) An income tax credit, as described in Sections 'acififie, single-use plastic bags 17059.2"and23689 of the Revenue and Taxation Code, facilities for the r-rianufacture of into machinery and facilities for the 1-17317ufacturer of (P) A tax exemption pursuant to Section 63717.1 of the durable reusable grocery bags that, at a minimum, meet Revenue and 'faxation Code. the reauirements, of Section 42281. SEC, 2, No later than March 1., 2018, the department, 0 Dever 'pment of equipmem. for the manufacture of as a part of its reporting requirernent DUrsuant to reusable grocery bags, that, at a rrn.nirr7urn, reset the requirements of Section 42281. Section 40507 of the Public Resources'rces Code, shall provide a status report on, the implementation of Chapter 5.3 (c) A recipient of a loan authorized by this section shall (commencing with Section 42280) of Part 3 of Division agree, as a condition of receiving the loan, to retain and 30 of the PLII_-.Ilc Resources Code. 222 1 Text of ProrYlsed Laws DATES 1REMEMBER! qM REMEMBER TO VOTE! "lilt Polls are open from 7:00 a.m. to 8:00 p.m. on Election Day! OCTOBER October 10, 2016 s M T W T F s First day to vote-by-mail. 1 October 24, 2016 2 3 4 5 6 7 8 Last day to register to vote. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NOVEMBER November 1 , 2016 s M T W T F s Last day that county elections 02 3 4 5 officials will accept any voter's application for a 6 7 10 9 10 11 12 vote-by-mail ballot. 13 14 15 16 17 18 19 November 8, 2016 20 21 22 23 24 25 26 Election Day! 27 28 29 30 223 California Secretary of State NONPROFIT Elections Division U.S. POSTAGE 1500 11th Street PAID Sacramento,CA 95814 yi CALIFORNIA * SECRETARY OF STATE FFICIAL * LEC44@N MAIL byft U.S.Pastry/Serdce x" MM CALIFORNIA GENERAL ELECTION Text Voteto GOVOTE (468683) to find the location of your polling place. OFFICIAL VOTER INFORMATION GUIDE For additional copies of the Voter Information Guide in any of the following languages, please call: Tuesday, November 8, 2016 Remember to Vote! English: (800)345-VOTE(8683) Polls are open from 7:00 a.m. to 8:00 p.m. TOO:(800)833-8683 Espanol/Spanish: (800)232-VOTA(8682) October 10 +#' /Chinese: (800)339-2857 NINE First day to vote-by-mail. * �/Hindi:(888)345-2692 October 24 H*a/Japanese: (800)339-2865 Last dayto register vote. 18t/Khmer:(888)345-4917 al�( j/Korean:(866) 575-1558 50 November 1 Tagalog: (800)339-2957 Last daythat county elections officials will mwa7no/Thai:(855)345-3933 accept any voter's application fora vote-by-mail ballot. Viet ng i/Vietnamese: (800)339-8163 In an effort to reduce election costs,the State Legislature has authorized the State and counties to mail only one guide to addresses where more than one voterwith the same surname resides. You may obtain additional copies by contacting your county elections official or by calling(800)345-VOTE. OSP 16 lwsoz NEAL KELLEY Registrar of Voters REGISTRAR OF VOTERS Mailing Address: 1300 South Grand Avenue, Bldg.C P.O. Box 11298 1 Santa Ana,California 92705 Santa Ana,California 92711 (714)567-7600 FAX(714)567-5100 ocvote.com Dear Orange County Voter: Thank you for registering to vote! This Sample Ballot contains information for the November 8, 2016 Presidential General Election. Please take a moment to be prepared prior to voting. • Vote-by-Mail: You can save time and vote-by-mail. If you are a permanent vote-by- mail voter your ballot will be sent automatically to you. If you are not a permanent vote-by-mail voter you may apply by using the application on the back of this pamphlet or by visiting ocvote.com/mail. The last day to request a vote-by-mail ballot is November 1, 2016. Please remember to mail your ballot early to avoid any potential postal delays, or drop off at any polling place on Election Day. • Polling Place: Your voting location may have changed — find your current location on the back cover. If possible, arrive mid-day to avoid long lines and congested parking. Learn more by visiting ocvote.com/lines.At the polls, you may vote an electronic or paper ballot — simply advise the poll worker of your preference. • Pre-Election Day Voting Service Centers: We're bringing voting to you! Open October 29 thru November 7, our new Vote Centers provide secure vote-by-mail ballot drop off, in-person polling place voting, replacement ballots, and more. See the end of Section 5 of this pamphlet for locations, dates and times. Avoid lines and cast your ballot early! • Questions: If you have additional questions about the November 8th Presidential General Election you may visit ocvote.com/info or call 1-888-628-6837. Our mission is to serve the registered voters of Orange County in a uniform, consistent and accessible manner with the highest level of integrity. We look forward to counting your vote and giving you another successful election. Sincerely, Neal Kelley Registrar of Voters \�\@ocregistrar :' ocvote.com o\ face book.corn/ocrov Need Help?(714)567-7600 or ocvote.com/help OR NP179E-001 .................................................................................................... ................................................................................. T DI 0f r tie r t Important Information Section 1 Vote-by-Mail Section 2 .................................................................................................................................................................................................................................................... What's in This Pamphlet? Section 3 "I F-1� Political Party Endorsements Section 4 .................................................................................................................................................................................................................................................... Voter Information Pamphlet Section 5 ..................:................................................................................................................................................................................................................................. Candidates' Statements Section 6 .................................................................................................................................................................................................................................................... )ANk Ballot Measures Section T .................................................................................................................................................................................................................................................... 12 Practice Ballot Section 8 IMPORTANT Your polling place may have changed. Your voting location for this election is printed on the back cover. OR NP179E-002 Section ..... ...................................... Irnp► rtrt Irfrrtc 1 Dates to Remember OCTOBER SUN MON TUE WED THU FRI SAT Tuesday, October 11, 2016 2 3 4 5 6 7 8 Vote-by-Mail Ballot Mailing begins 9 10 12 13 14 15 Monday, October 24, 2016 16 17 18 19 20 21 22 Last Day to Register to Vote Tuesday, November 1, 2016 23 25 26 27 28 29 Last Day to Request aVote-By-Mail Ballot 30 31 : ' ''' 2 3 4 5 Can I vote if I moved to another address in Orange County? Yes,but you must register with your new address by the deadline above.You may re-register: • Online at registertovote.ca.gov;or • at the Registrar of Voters'office To find out if you're registered,visit ocvote.com/verify Can I vote if I have not voted in the last 4 years? RESIDENCE CONFIRMATION: If you have not voted in any election within the preceding four years, and your residence address, name, or party preference was not updated during that time, you need to confirm your residence address in order to remain on the active voter list and receive election materials in the mail. Visit ocvote.com/confirm to confirm your residency. Are all polling places accessible? Look for the wheelchair access symbol on the back cover of your Sample Ballot. If it says: • YES:Your polling place is accessible on Election Day ® • USABLE:Your polling place is temporarily accessible on Election Day • NO:Your polling place is not accessible on Election Day If your polling place is not accessible,you may vote a paper or an electronic ballot curbside. Are you having difficulty voting because of a disability? We'll help voters with disabilities have a successful voting experience and identify issues we can address before the November General Election. Call our office at 714-567-7600 You may also call Disability Rights California at 1-888-569-7955,which will operate a statewide Election Day hotline: 7:00 AM to 8:00 PM on Election Day - November 8, 2016 OR NP179E-003 % � + _ ' Section 2 You can vote by mail before Election Day To vote by mail,you have to request a ballot.Then you can mark the ballot and send it back by mail or drop it off at any polling place on Election Day.Vote-by-Mail ballots must be postmarked or delivered to a polling place by November 8. How to get your Vote-by-Mail ballot You must request a Vote-by-Mail ballot by November 1. You can: • Request a ballot online at:ocvote.com/mail • Fill out the application on the back cover of this pamphlet • Pick up an application at the Registrar of Voters'office: 1300 South Grand Ave., Bldg. C Santa Ana, CA 92705 To vote by mail for every election,check the Permanent Vote-by-Mail Voter box on your application.You will receive your ballot within ten business days. To confirm your status as a Permanent Vote-by-Mail Voter,visit:ocvote.com/verify How to return your Vote-by-Mail ballot Mark your ballot, then follow the instructions on the official envelope to sign and seal your ballot in the envelope provided. You can: • Mail your ballot,so that it is postmarked by Election Day, November 8 • Hand-deliver your ballot to the Orange County Registrar of Voters at: 1300 South Grand Ave., Bldg. C Santa Ana, CA 92705 • Drop off your ballot on Election Day at any polling place in Orange County before 8:00 PM If you are unable to return your ballot, use your Vote-by-Mail envelope to authorize one of these people to return it for you: • Spouse • Child or parent • Grandparent or grandchild • Brother or sister,or • Someone who lives with you State law requires that a poll worker must make sure your envelope is filled out correctly. Questions about voting by mail? Call us: (714) 567-7600 OR NP179E-004 Section �t #` 1Ct T�'"11 FC ............. 1� 1� 3 .. .................... ........................................................................... ................. .. .. .. You will receive two information resources for this election: Orange County Pamphlet (this Pamphlet) California State Voter Guide County and local races and measure information are in U.S. national races, state races and state proposition this pamphlet(Your ballot may or may not include the information are in the guide from the state (Your ballot items listed below). may or may not include the items listed below). w �a33daseei.� ZzL'!YL'Yb7F ocvote.com/sample-ballot voterguide.sos.ca.gov Contests and Candidates' Statements Candidates' Statements President/Vice President of the United States United States Senator United States Representative State Senator Member of the State Assembly State Propositions County Supervisor Proposition 51-67 School District Governing Board Members Special District Directors City Contests Measures Local Initiatives Local Bond Proposals 'Candidates for President do not file candidates' statements. OR NP179E-005 Section ......... .......P liti�c t Fa r ........................... .................. t n o.rs 4 Voter-Nominated Offices The political parties are listed in the order of the State Randomized Alphabet Drawing,reading left to right. DEMOCRATIC REPUBLICAN AMERICAN INDEPENDENT United States Senator Kamala D. Harris No Endorsement No Endorsement House of Representatives ................................................................................................................................................................................................................................................................................... 38th Congressional District Linda Sanchez Ryan Downing No Endorsement ................................................................................................................................................................................................................................................................................... 39th Congressional District Brett Murdock Ed Royce Ed Royce ................................................................................................................................................................................................................................................................................... 45th Congressional District Ron Varasteh Mimi Walters No Endorsement ................................................................................................................................................................................................................................................................................... 46th Congressional District Lou Correa No Endorsement No Endorsement ................................................................................................................................................................................................................................................................................... 47th Congressional District Alan Lowenthal Andy Whallon No Endorsement ................................................................................................................................................................................................................................................................................... 48th Congressional District Suzanne Savary Dana Rohrabacher Dana Rohrabacher ................................................................................................................................................................................................................................................................................... 49th Congressional District Douglas Applegate Darrell Issa Darrell Issa State Senate ................................................................................................................................................................................................................................................................................... 29th Senate District Josh Newman Ling Ling Chang No Endorsement ................................................................................................................................................................................................................................................................................... 37th Senate District Ari Grayson John Moorlach John Moorlach State Assembly ................................................................................................................................................................................................................................................................................... 55th Assembly District Gregg Fritchle Phillip Chen No Endorsement ................................................................................................................................................................................................................................................................................... 65th Assembly District Sharon Quirk Silva Young Kim No Endorsement ................................................................................................................................................................................................................................................................................... 68th Assembly District Sean Jay Panahi Steven S. Choi No Endorsement ................................................................................................................................................................................................................................................................................... 69th Assembly District Tom Daly Ofelia Velarde-Garcia No Endorsement 72nd Assembly District Lenore Albert-Sheridan Travis Allen No Endorsement 73rd Assembly District No Endorsement William (Bill) Brough Bill Brough ................................................................................................................................................................................................................................................................................... 74th Assembly District Karina Onofre Matthew Harper Matthew Harper The PEACE AND FREEDOM, GREEN and LIBERTARIAN parties have made no endorsements. OR NP179E-006 Section Vtr Inf �rntn Prrt� lt 5 Who is on the ballot for this election? In the November General Election,all voters receive the same ballot, no matter which political party you are registered with (or if you have no party preference). The address where you are registered to vote determines which contests are on your ballot. 0 Ilal 11 N: A FY IY YY FY tl tl 11YY YY ■ 1 Y1 11 1F 11;1/ 11 Ff: :A i ..........................................................................................:........................................................................................................................................................................................ Presidential California Top-Two Primary County or Local Offices Party-Nominated Offices Voter-Nominated Offices Nonpartisan Offices • The candidates nominated by • The top two candidates—the • These offices may appear on your each political party are on the ones with the most votes in the ballot,depending on where you ballot. Primary Election —are on your live. • You can write in a candidate for ballot. • You can write in a candidate for President and Vice President. • There is no write-in for these these offices. • The parties nominating the offices. Candidates for nonpartisan candidate are listed with the • The candidate's party offices do not have a party candidate's name.A candidate preference (or"None") is listed preference listed on the ballot. may be nominated by more than with their name. one party. Both candidates on the ballot may have the same party preference. Top Two Candidates Open Primary Act Many contests on the June 7,2016 Presidential Primary Election ballot were governed by the Top Two Candidates Open Primary Act. This 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 and senate offices,and state constitutional offices. This meant for the June 7,2016 Presidential Primary Election,a voter could vote for any candidate in a voter-nominated contest, regardless of what party preference was indicated on his/her voter registration form. Only the two candidates receiving the most votes— regardless of party preference— moved on to the General Election regardless of vote totals. If a candidate received a majority of the vote (50 percent + 1) in the Primary Election,a General Election still must be held. Even if there were only two candidates in the open primary,a General Election is still required. A write-in candidate can only move on to the General Election if the candidate is one of the top two vote-getters in the Primary Election.The voter may not write in a name for a voter-nominated contest in the General Election. Additionally,there is no independent nomination process for a General Election. Why do we have a "Top-Two Primary"? Proposition 14, passed by California voters on June 8, 2010, created the Top Two Candidates Open Primary Act. This act requires that the two candidates receiving the greatest number of votes in the Primary Election will appear on the General Election ballot regardless of party preference. OR NP179E-007 Section Vtr Inf �rntn Prrt� lt 5 The following pages contain: • Candidates'Statements;and • Ballot measures and supporting documents, if applicable. These may include the full text, arguments, tax rate statement, fiscal impact statement, bond project list,and impartial analysis. 'Candidates who agree to follow spending limits may pay to have their statements printed in this pamphlet. Candidates' Statements in this pamphlet are volunteered by the candidates and paid for at their expense. "City measure documents are filed and accepted by City Clerks. School and Special District measure documents are filed and accepted by the Registrar of Voters'office. All Candidates'Statements and measure documents are printed exactly as filed. ARGUMENTS IN SUPPORT OF OR IN OPPOSITION TO THE PROPOSED LAWS ARE THE OPINIONS OF THE AUTHORS. Political party abbreviations On the electronic voting systems,the following abbreviations are used for the political party names: DEM - Democratic REP - Republican Al - American Independent GRN - Green LIB - Libertarian PF - Peace and Freedom Voluntary campaign spending limits Proposition 34,passed by California voters on November 7,2000,provides that state legislative candidates who voluntarily agree to limit their campaign spending may have Candidates'Statements included in the Sample Ballot Pamphlet. Below is a list of all candidates for legislative districts within Orange County who are running for State Senate and Assembly.The candidates whose names are marked with an asterisk( ) have agreed to limit their spending according to state law. State Senate Ling Ling Chang Ari Grayson John M.W. MoorlacW Josh Newman State Assembly Lenore Albert-Sheridan Travis Allen William (Bill) Brougham Phillip Chen Steven S. Choi* Tom Daly* Gregg D. Fritchle* Matthew Harper* Mesbah Islam Young Kim Karina Onofre* Sean Jay Panahi* Sharon Quirk-Silva Ofelia Velarde-Garcia OR NP179E-008 � \ ::: o�ed nt ► ii.....:::::::}. S\;*��i� ?\ :j: \. :i \ \.\\.•h: }� ��a`Z Oc.t 29-Nov 8f0©am-5.WPM � NOV 5-N ,9 7 7f©Dam-8.00 M <�\`µ*\\ a: �:::>. ..., t; C :::::� a.�.-�ck\ ..... ..... ..... .... ..... .... ................ .ti,�.,.::::.. \ ............... .. \ k 1 n��\�\��iw M :::i::i::::i:::.i:.i: \ "w" Services offered in our Pre-Election Da Vote Centers :.,w:..�In�:::.:::::::::::::::::::......::::' �w�:: Drive-thru ballot drop-off(at select locations) • Secure vote-by-mail ballot drop off ::". In-person polling place voting • Replacement ballots • Voter assistance :..\ :-� ,,ti4ti.ti:.. \ Anaheim Civic Center Costa Mesa Neighborhood Community Center 200 S.Anaheim Boulevard,#217 1845 Park Avenue Anaheim,CA 92805 Costa Mesa, CA 92627 Sat, Oct 29,2016 to Mon, Nov 7th Sat, Oct 29, 2016 to Mon, Nov 7th Located in the Conference Room next to the City Clerk Located in the Harper Room in the Neighborhood counter on second level.Park on level 2B of the City Hall Community Center.Parking is located in front of the East parking structure and cross at the pedestrian bridge. community center. Irvine Civic Center (Drive-thru ballot drop-off) Mission Viejo City Hall(Drive-thru ballot drop-off) 1 Civic Center Plaza 200 Civic Center Irvine, CA 92606 Mission Viejo, CA 92691 >:::.. Sun, Oct 30, 2016 to Mon, Nov 7th Sat, Oct 29, 2016 to Mon, Nov 7th � ::::. Located in CTC Room near City Hall reception desk on the Located in Saddleback Room in City Hall building.Parking is . \ ::: first floor.Parking is located in front of City Hall. located in front of City Hall. .....: .. .,.<''>'''<''> Westminster Branch Library Orange County Registrar of Voters' Office \.\.......... �:'::'''''''. 8180 13th Street 1300 S. Grand Avenue, Building C k Westminster, CA 92683 Santa Ana, CA 92705 Sat, Oct 29,2016 to Mon, Nov 7th Sat, Oct 29, 2016 to Mon, Nov 7th Located in the Westminster Library Meeting room with Located in Building C,inside the main entrance and to the entrance on the north side of the building.Parking is in front of left.Visitor parking is available in front of the building. the library on south and east lots. \ For more info, visit ocvote.com/votecenter OR NP179E-009 ................................................................... .... ........................ ........................... Sr4TEM NTSO CO!NGRE5SIONALCA�1 IDATESSEEKINGVotER-tJ# MItJA7EQ. FFICE Section 2 R .N HV 6 STA SEMENO FACGRNEILR STAT EMNETOTFNCE ECGROILFTA Business Owner/Educator BusuneOnwnr/E/date/A pdw/Od,/ As a parent, USC business professor, grandmother, and small Uw/AnSE/AnOSbb fnEOCgrr/OdegnMbggflrmnOw/ErIAE/If kCy business owner I know that I can be both family-friendly and EwE InlynO CS/An.Clwn CSineOnwnr/E/dcr /CjE/,A Cl/SCQAn business-friendly. If elected, my sole job as your Representative jnggyndrRzPOCwen0cr/rfiawESn/CS/AnUln0d,Er enCegnawen,dEggf would be to advocate on your behalf and end the grid lock created /ACwrhOneOnwnWnOrdrvOErRn TClr/fu by career politicians. h/VILW/EgAnBusLAEweCgd,dnyGAE/eOCIC/n n,CrCld, ROCj/AErm Too often in Washington,Congressmen and Congresswomen focus kCy,OnE/dCreCO/AE/OnEwCrbWc)rnnr w/EgjEOpr If wleeCO/SCO on delivering buzz-word speeches for special interests,instead of ggnO/EMnwb//drR SmmnOEgenrmdrRErm Onml,drRylOmnrwCln getting things done for their constituents. OnRlgE/dCrwu My decades long experience as CEO of my own management hWleOCImCS/An/CeOE/drRSvWcOn,ndcnnSOC1 CORErdxE/dC*4n consulting firm, specializing in turnarounds for companies Td/dxnrvhlREdrw/SCcnOrinr/ VEw/naHE/dCrEg:EMeEfnOwBrdCra paralyzed by change,is exactly what our Congress needs today. zOnnmCIVC04vErm.nOd/ERrzCIrmE/dCnhWgrmnr nrmCOwrryfi/An As a true fiscal conservative and social liberal, I will fight to nelygd,Er 1E0/fu increase educational access with student debt restructuring.I will hWcgnnr On,CRrdxnmSCOIf gnEmnOwAde nrwlOdrR UInOd,EWw support local small and mid-size businesses, by securing funding /n,ArCgCRf gnEmnOwA®en SCOvv/OCrRgCeeCwdrRElrnw/f Erm for economic investment zones.I will work to ensure the safety of RCcnOrinr/ ynrnSd/v/CdggnRMIdROEr/wwl0 w,EO,n OnwClO,nw coastal constituents by solving crucial environmental problems. I Erm kCywwAClgrhC/CUInOd,ErwarC/enCegnAnOrrJggnREggfu will fix our crumbling seawalls, roads and bridges by going to bat UInOd,E dwdr E gdSrErm mnE/Aw/OIRRgrjd/A iEmd,Eg hwgEld, for technology and infrastructure investments. :n000OdwU wE wnrdCTnlynO CS/AnZCOndRrL1SSEdQ)@Ild//nna When voting today,I urge you to look past party labels and instead hAEcn ynnr mnnegfdreCgcnrrdr/An SdRAEREdrw//AdvmcdgSCO,nu think about who will fight hardest for your children,husband,wife, UwE wnrdCdhlynO CS/Ans,dnr,n TClld//nna hWcAngennwAEen partner,or parents in the 48th district. UlnOd,EWmeE,n eOCROEI�Frm AEcn ynnr E IEkCO mnSnrmnOS/An I am committed to solving problems in each of the communities eE/nr/OdRA0v6UInOd,Er drenr/COwu in our district,from Seal Beach to Aliso Viejo and from Huntington TgCwnQCACIna hWcynnr E IEkCO wleeCO/nOSvOErRn TClr/fWw Beach to Westminster. ,I//drR nmRn jE/nO wfw/nla ,AEIedCrnm rnj gnEr nrnORf I respectfully ask for your vote,and the opportunity to fight for you. /n,ArCgCRf Erm CeeCwnniCllCr TCOnu Sue Savary h/dw If ACrCO /C wnOcnfCl dr TCrROnwwErm h Ew4 SCO fCIO cC/nu zCO ICOn drSCOIE/dCr egnEwn cdwd,ff jnywd/n7 http://www.drsuesavary.com/ jjju,Crrn,/jd/AmErEu,Cl CQEggIDt 9)37b 6750u https://www.facebook.com/savaryforcongress/ ..................................................................................................................................................................................................................................................................... OR NP179E-010 ................................................... .... .................... JOWOtJNN.oJ�1IJLWOVNGM.� JN HONJ� INIViIVOIIt .1NJJ.JON� ]A�pfStJ Section NNNIt� U1IFt JOWf)N� JN.WQic� 6 JOHN® NW.® 190RLAI H RVC® ® LRIAN Ca Morn%EtateEenator ABVW3 IR)egan®nytareerMsMK:PAMndK:ertgk?dWkianckiflan ner.®telk?ve government%pendkigkequkestound4blannkigMndknustgtandgkm agakistpressuresgromk;pecMl®n®erests. CalAornMXhasM n®J n rest rA:ted®let®JefA:Kk)f*169R)®lk)n,gh e®argest ofMllM509tates!NB®lM)ns®nMnderfunded*)ub[W*mployee4bensk)ns®s® onek)fk)urk)Njgestkhreats.)AsMK:ountyEupervk;or,®�passedMk)allot measure®requkNhg®voter®approval®on®any®new®publk®employee pensk)nk?nhancement.ANeMlsokenegotN)tedghekountyk?mployee retkeeknedWalM3lan,keduckhgkheMinfundedKN)b®ky�by®$1�b®lk)n (71%),M;avNhg®rangeK:ountykaxpayersAhearly*1009n®lk)nMgjear. Ing1994,®I®was®a®partner®n®a®local®accountAhg®fkm®and®ran agaAhstkhenKrreasurerM3obKKron.ANhen®ran geKountykieclared ban kruptcykhat®ecember,®MNas�brought®nKoAhelpA:leanXjpM:he mess.gNe®n®nedMtelykutkosts,M?l®nNhatedkk;ky®ngestments,N)nd putkheK:ountyg)ackk)nN)99;callykonservat*e�path. InK?006,®®vask?lected®ogerveMsK:ountyLupervk;or,®vhere®ghelped to®prudently®gukie®spendNhg®throug h®the®Great®Recessk)n,®thus kn provNhg®the®busAhess®clgnate.®DurNhg®my®tenure,®the®County's un rest rWtedHnet®assets®grewffromHa®defkk®to®n®excess®ofX$300 m®lX)n. Now®I'm®shakAhg®thAhgs®up®n®Sacramentogand®w®lgcontAhue®to fNjhtkoh--ndkinnecessaryAgovernmentk;pendNhgM)ndkeduceRJebts. IMDpposekak;NhgkaxkatesX3nd®M)elk?veNgovernment®n ustA)eKean, effWM?nt,X)nd®*e*vXhAh®tMneans. CalgornX)® needs® a® focally® conservath/e® accountant® n® Sacramento.®I®would®be®honored®to®contAhue®servkhg®you. wwwA oorlachforSenate.com ..................................................................................................................................................................................................................................................................... OR NP179E-011 ................................................... .... .................... JOHONNN.OJ�11ILWOVNGi.� i� HONJ� INNYiIVOIk .1NN.iON� ]A�pfStJ Section NNNB . .X WI NS Jf HONA HJJ3J6W. CHR EJORIC 6 JOHHNN. 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OR NP179E-012 ...... Section 0 NJE� 0TI�PHA)EXi 05 YXJME� �E 9 T Ll W.X.j 04WWTN X 1� PYFV,,W E , YY® JYN®> JENY 4)AJTEONYUYEN JENWWATTENEOU GovernigBavdMrnbV0rnbg Govern ingA3oardNember,K:oastK:ommunityK:ol leg e srtMmLXygivolD®ngrmdcbggkgil ®njb®!irdn ®!illvmMnD ®!illbub District EMdngNLeflWgvmmMkii®gbygbdbrd vg®hnvobmn®WrIMIMbdkemo I®love®my®job!®Everyday®I®work®For®students®to®succeed®in®their Governigd®fob®dbgtb(Nivg Heil lvmMnD®rd®rmKGovernig®rmo®pim® education®and®life®goals®®hisKis®all®about®helping®everyMstudent xgicM#�EMgbenigCjMlb®iCmMmlir®AvdMmbdEdT'fgSMrrfrlimudMob from®our®high®schools,®veterans®who®served®our®country,®and eillvmMnD®eillbub®rmo®jMuj®dejiil ®dnvobmridf#b®jblybo®njbl unde rem ployed®workers®achieve®the®next®level®in®their®lives®A rejMbtbAhjbM4)gbrld Wrjgivuj illvmMnD illbub A)overnMimT "Student®EducationWlan"®will®guide®everyX-,tudentX-,eam less lyfto Pd® xgbdMobfric® !irdnlMml:W !illvmMnD ® !illbubfd ® hnvobmn four®yearkiniversities,®raining®ortertain#obgkills®nk)ur®vorkforce, "itbgmlbmn WMNivmnrMNJrllbD*bCyignX)brejw® 'bdnlMmdnbgRo or®mprovingkheirkommunication®nNEnglish® "rgobm®"gitbw®NbKigSbo®CMn�dnvobrr®Ibrobgdkrmo®crevin®rn AsX3M:o[leg ekrustee,®gightfforknoreklasses,betterKeachersX3nd Ainj Ngrmub®irdn ®illbub kmo®'ilobm® 'bdr®illbub kifA)lMlMmrnb breakingNJownA)arrierskoNjettingkheA)esth-ducationgorkhemeast dnvobniiAdnrelbd1Wgil ®Irnvgb ®ni®DivmuWmlMrrlbi®eillvnbgw costperk;tudent® rmo®btbgDimkKMNAbnCbbnMm4beiumMlgmjb®mbbodic®ivg®oMtbgdb lbrgmbgdT'IgSMrrOEMn)hrevinlkmo�hnrcEmNEMdngWhMnnbbdvX k Communityk:ollegeWourses�oreparedknekoNjraduateKSULBMvith jrtb kgjgitbmNhgre!NjbeigcNcWMujnMibigAnbC)hbejmiliuDkmoK:Mll distinction,N)ndMCLANLawASchoolkvithN)®octor'sklegree®lihisglife eimnMmW Xjvdj kigMmmitrnMkmokinvobrrb'ebllbmebT changing"Mgxperience®n®nykyouthM:ontinueskokJriveknekoffulfill myMoleX3sXaW-o[leg ekrusteeX3ndM.vatchdogADverkhebureaucracy kfbIbenbo IlJ and�bublic®noney® IcnegbrdMjblMgM vll®6MIb®revinlkmo�hnrckig®vgklgiCMmu As®President®of®the®Board,®I®int rod uced®aWcode®of®ethics"®and dnvobrrioiyvlrnMimT pus hedKh0BoardfforNan®'independent"®outsideXauditorko®check GmdvgkillbubdkgbkJrcbWigMJnvobmrMjburgolbddc®gMbmnrnMimv District®books®for®taxpayers®Whis®directly®resulted®in®stopping ubmob*eMibeimilMe kJnrnvdhnjmMeMtg3bNdrAMlMnDT Trustees®and®Administrators®From®pension®abuse®calledg"double xgitMoLNhgrmdyrgbm@[MokeeivmnrAM[rklI Ahr'yrDbgk)illrgdT dipping"® IX)skAor9jourA;upportbnd*ote® Infd egMnM4?iCb® blber® mb® rmo® MmmitrnM dbrobgdK ni® njb Jerry6patterson@yahookom !irdn ®!illvmMnD ®!illbub ®EMdngWri&iobgdnrrribmjb®Mlyignrmn iyyignvmMnMbohlDNqillvmMnD NgillbubdNqrrr®ygitMobNBjb*iMILN--ig ejrmubW®niCTRJinb®Jimu timumuvDbmTeil ..................................................................................................................................................................................................................................................................... OR NP179E-013 a , .... ................................................. A Section A � A � LORRAIN EWRI®SNI Govern ingEoardVember,K:oastK:ommunityK:ollege District,rrusteeAreaM When®fk®tkan®or®his4bosition,®ny4briorities®vere®ok?nsure§{uality education*vith®ncreased®ullkime®aculty,�bvoid®vasteful%pending inM)reaskiotkelatedkok;tudentkearningX3ndk;upportk-xpansionADf tech nology�brogramsk;ok)ur%tudents*villAhavek;killskobarticipate ink heNjlobal®narketplace. AsNpromised,® kdknygellow®rrusteeskoMncreasefthe�humber®bf full®timegacultyMNhile®ceeping®costsMJown.® ddhtinueko%upport studentk;uccess®nitiatives,hutting®edgeh/ocational�programs,kind im provedk;ervicesgorketurni ngh/eterans. ®®ring®high®ethical®values,®the®ability®to®understand®and®solve complex®issues®and®the®temperament®to®work®effectively®with others. ®®avek?xtensivek?xperience®nNhigherk?ducation. Excellence®ngrusteeshipWertification 379jearsW rofesso r,K:SU F PhD®JC® BA®JCLA Trained®n®n®erest�BasedMBargaining CertifiedWediatorgor®rangeK:ountykourts Orange®County®Community®College®Legislative®Task®Force Member ®M/asMglected�byknygellowKrrusteesko%erveHas�BoardXPresident twice®and®elected®toMserve®as®a®Board®Officer®every®year®of®my service®to®Coast®Community®College®District.® ®gve®the®proven leadershipkok?nsurek)urg)oard®shutting%tudentsgirst. Mks k4orMtour*otekind*vill®istenkogjourkoncerns. Please*isitw.lorraineprinsky.com Contact®ne®Ldrralne4trustee@gmail.com ..................................................................................................................................:.................................................................................................................................. OR NP179E-014 a , .... ................................................. A Section A � A � LORAIN AREAO® PSR® Educator/Business®wner My�parentsh-scapedgromWietnamkok;eekkheMmericanAJream. Growingkip®ngmerica,kheyk:onsistently®nstilled®nkisRhe*alues of®education.®This®truth®is®evidenced®by®my®public®education graduating®From®UCLA®with®a®double®majorKin®Biochemistry®and BusinessEconomics.ghere,®ghadkhek)pportunity®ok)eMnk?ducator and®taught®college®students®the®significance®of®leadership®and communityN)utreach. IM3mX3®octorNbf Chi ropracticA)ndAbwnerVX3�pain®ma nag ement center.®As®the®founder®of®the®nongorofit®Asian®Pacific®Cultural Foundation,®k)rganizeX)nX)nnual®nternationalgestivalgo�promote culturalNJiversitykhroughMartsMandknusic.®n®2009,®MNas�honored withkhe�orestigiousColden®Navegward,X)�people'sk:hoiceX)ward for®ndividuals®nvolved®nkommunityN)ctivismN)ndk;ervice.®k;atN)n theMoardADMirectorsfforkverM 0®jearsMNithWrcjectWotiVATeKo mentorMtHriskgjouthkoghelpkhemMchievekhek)pportunitykok?nter college. IN)mkommittedkoghigherk?ducationN)ndk)elievekoday'skhildren arekheffoundationgorkomorrow.Mykiope®skogorovideh-veryone the®best®educational®resources®and®skills®to®achieve®success®i n today'sWhangingMNorld.®MNishko�be®jour®✓oicekokepresent®your interestsgork)urkommunity. Dr.MonathanN3ao*iuynh oi ..................................................................................................................................:.................................................................................................................................. OR NP179E-015 .... ........................................ JONOATAHLYJ I3LJx 1tl+tfNOAJx JpCAFiGx HI3IRNR(7dNHx tuna Section uYH0wGn�HarvYuI.. 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L34' xcTXmyy.xUwMnWxmyy'xwN tnMtMgSMawMETx x oegcXlcrn Mxkek)urx choolsx xfe®0 dissA)leA)yx rk)vxixigxnoreM;ecurKy DUrnvx xtkxchkxmxus. Iro/®gj@ rnngWTMnTuMjjTrxE/rnrxDx rvTnxdrexjcMr®rx mrgSMTu PromotexiCk�nce,xrechnology,x=ngxieerxig,x rMJMXthXSTEM)xby HrvngvWlfrg egg wN vrSMuToffirvTfcMvxtwg/vndxcUTxunTxxEwgpr' xdvocxtxigx rk)grxmsxhxtx rMx xe%tudentsxorkhxllengesxvhen TeWunTxxHM®gt-ErevxreWunT®®wMnl*®E®®wMWgSMnjMjr® g/) theyAjrxduxte. nMfnMjMcjxjTor*guuMealilTo ecngMjx Imxrovexlxtx)nxlXtxndxigs.ghekbestxiNjhEchoolxnkhexiBUHSD Iro/xvrjxiTorkvo/c%gT/Tlgtr/Rwg/vrd*t/oval gWrU)Mn*TtcTngu A;kXnkedxbelowMN kxnkhexixtx)n.xMvxlx onductM;tudk�sx rMj X DW extcTnx evxreMgjrs/MAT ex mxkekecom men dxtxmskoHrrWrovex)urx;chooAtxndxigs. Iro/NxxirexjcMn xomxigxtoxthexUSAxknowxigxlktlexEnglx;h,xAmerWX'sxeducxtx)n systemx IbbwedMneKoA:rextex MccessfulKAefforxmyselfx rMJxny fxmxy.®vxnt®oi x*ekbxck®o®hetommunky.MoxeVouxvxlkonsxier mex Wourx xndxixteNbfX:hokex rMJMvorkMNKhxmeKoxnWroveNbur schools. 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PleaseM:onsider�bneRbfRjourRhree®dtesRorXm0basedAbn:Wayor, Councilmember,K:hairmanAlublicK:ableffele®isionguthority,NLocal Agency®Formation®Commission®Orange®County,®O ran ge®County Vecto rKontrol,MNestNO ran geKou ntyMaterMoardCo m mission er, Orange®County®Waste®Management®Commission,®and®Orange CountyASanitation®istrict. City®plan ners®ha®e®rules®on®what®can®be®bui It,®if®bui Iders®play by®the®rules,®I'm®here®to®help.®High®Density®No!® Rontact: joecarchiol@gmail.com OR NP179E-019 .... ................................................. ragAvA �� 7(BBAftR� Rl �g7r � mg Section ECY� RJGAC : ARGRBW R �1<fit� IAYM EIHIGE[YRY BR7® B 1 RABRIGRBRENDEN AGU67 Busiinie Owrrn//nwiEdcat/niE//rsi oAEip, -pAw,Esd/ sewLf, AnSEsiC b/EppuEGi ftipniepwi aEsgm pwdsn/Es Ssrnu,UCdsAi h, edEsp/gmwwuMl/U hEsgmE/siC pmsp dEuskECytdS Onp,unSE/p,uj£ uwREwtd ftipniepwi aEsgm vtsunp, wSunSEiC bTLAjNdl msdCpwldE/EdREpmEgws/psrgmsdsgpEdiSwtd gwrrtinp, omdwterrWz,Esd/ s/ s /rsuu ht/niE// wAiEd siC s/ s Busiinie Owrrn//nwiEd siC Bthungjwdl/ Owrrn//nwiEdUbTREhEEi s uEsCEdAmw/wuREAdwhuEr/ pmdwtergwuushwdspnvgitlrrtinp, EieseErEipU siC gwi/Ei/t/ htnuCnieM/,wtd OwtignurErhEdU bTuu CECngspE/EuS pv�pmfxwlStuTnrEAmngrirEsi/ pmsIAmEi,wt gsuuU ErsnuUNdpEkpUTrhiE pmEd6w�Wt. bTuuAwdl msdC pw rsnipsni /sSE iEnemhwdmwwC/IldwpEgp niSds/pdtgptdfrtiCnie siC CEsuAnpnnwtipnie tiStiCEC unshnunpnE pw ni/tdE wtd vtsunp, wS unS6wdStptdE eEiEdspnwi/ bTuOEEI gwrrwi /Ei/E edwAprpmsl3ppdsgpOiRE/prEipUxwh/tiC /suE/psk dEREitE/Amnu[EElnie mner(JEi/np,CEREuwlrEip wtpw3JE/nCEipnsu iEnemhwdmwwCX iEEC SdE/rrnCEs/pw sCCdE//pmE/En//tE/ Anpmwt0sn/niEpskE/siC SEE/ bTrEiCwd/ECh, rsi, SwdrEditipniepwi aEsgm4s,wd/ lut/ rsi, wpmEcEuEgpECwSSngnsb,Egst/E pmE, IiwA bTr dEsC, pw/Ed RE ESSEgpnREwj Onp,Owtignu/psdpniECs, wiE. 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ThanksMgain9orMjourA;upport® JbXnWinnegan ..................................................................................................................................:.................................................................................................................................. OR NP179E-023 Z .....l.....'.....'.....'.....l.....l.....'.....'.....'................................................................................................................................................. ....'.......'....... .. .................................................................................................................. ..... Section I....'....l.....l.....'.....'.....,.....'.....l.....l.......'.......'.......'.......'.......I.......'.......l. 7 Huntington Beach City School District, Bond Measure Election To construct science,technology,engineering,and mathematics labs,repair or replace leaky roofs,renovate deteriorating plumbing/sewer systems, upgrade inadequate electrical systems, construct, renovate, modernize, equip classrooms, restrooms and other school facilities and to improve the quality of education at local schools; shall Huntington Beach City School District issue $159,850,000 of bonds at legal rates, with annual audits, and have an independent citizens' oversight committee with no money for administrative salaries or taken by the state? What your vote means ................................................................................................................................................................................................................................................................................... YES NO .........................................................................................................................................:......................................................................................................................................... A"Yes"vote means the school district may proceed to A"No"vote on this measure will disapprove the issuance sell the bonds and levy the related taxes as estimated in of the bonds and the levy of the taxes for such bonded the tax rate statement. indebtedness. For and against .................................................................................................................................................................................................................................................................................... FOR AGAINST Brian E. Rechsteiner No argument was filed against Measure Q Board of Trustees, HBCSD Gina Gleason HBHS Foundation Pres Catherine G. McGough Former Board Member Charlotte Augenstein Realtor/President, Huntington Beach Educational Foundation OR NP179E-024 Z .....l.....'.....'.....'.....l.....l.....'.....'.....'................................................................................................................................................. ....'.......'....... .. ........................................................................................................................... ..... Section I....'....l.....l.....'.....'.....,.....'.....l.....l.......'.......'.......'.......'.......I.......'.......l. 7 Full Text of Measure Q Huntington Beach City School District The following is the full proposition presented to the voters by the Huntington Beach City School District. "To construct science,technology,engineering,and mathematics labs,repair or replace leaky roofs,renovate deteriorating plumbing/sewer systems, upgrade inadequate electrical systems,construct, renovate, modernize, equip classrooms, restrooms and other school facilities and to improve the quality of education at local schools;shall Huntington Beach City School District issue $159,850,000 of bonds at legal rates,with annual audits,and have an independent citizens'oversight committee with no money for administrative salaries or taken by the state?" KEY FINDINGS • Huntington Beach City School District provides an excellent education for local students,with eight California Distinguished Schools;and • The District conducted a thorough assessment of needed facility updates and improvements to continue providing outstanding academic programs and instruction;and • The District determined that it is necessary to repair leaky roofs,fix deteriorating plumbing and sewer systems,and upgrade inadequate electrical systems;and • The District believes that constructing up-to-date science,technology engineering and mathematics labs will support 21st-century teaching and learning to prepare our students for high school,college and today's competitivejob market;and • This bond measure will benefit District schools and no funds can be taken away by the State or other school districts,and by law,no money can be used for administrator salaries or pensions;and • This bond measure requires strict fiscal accountability protections including mandatory annual audits and an independent citizens'oversight committee comprised of local residents to ensure that bond funds are managed and spent properly;and • Specifically,as further described in the Bond Project List,the Board of Trustees desires to: • Construct science,technology,engineering,and mathematics labs • Repair or replace leaky roofs • Renovate deteriorating plumbing/sewer systems • Upgrade inadequate electrical systems • Construct,renovate,modernize,and equip classrooms,restrooms,and other school facilities PROJECT LIST FOR THE BOND MEASURE Unless otherwise noted,the projects in this Bond Project List are authorized to be completed at each or any of the District's sites,as shall be approved by the Board of Trustees. In developing the Bond Project List,the Board of Trustees has evaluated safety,class size reduction and information technology needs. • Construct science,technology,engineering,and mathematics labs • Repair or replace leaky roofs • Upgrade deteriorating plumbing and sewer systems • Upgrade inadequate electrical systems • Improve technology infrastructure and increase student access to computers and modern technology • Modernize/renovate/construct classrooms,restrooms and school facilities • Replace outdated heating,ventilation and air-conditioning systems • Construct multi-purpose rooms/performing arts rooms for schools that currently don't have them • Make health,safety and handicapped accessibility(Americans with Disabilities Act(ADA))improvements • Replace aging temporary portables with permanent classrooms • Make facility improvements to increase the District's energy efficiency,including replacing outdated and inefficient windows and lighting • Upgrade/construct physical education fields and facilities for school and community use • Upgrade school site parking,utilities and grounds • Upgrade playgrounds and playfields for school and community use • Replace existing wiring systems to meet current electrical and accessibility codes and increased capacity • Federal and State-mandated Occupational Safety&Health Administration(OSHA)safety upgrades including playground equipment replacement • Federal(ADA)and State-mandated accessibility upgrades including but not limited to site access,parking access,staff and student restroom access,relocation of certain existing electrical devices and drinking fountain and playground equipment accessibility • Abate and remove hazardous materials identified prior or during construction • Repair,replace and/or upgrade paved surfaces,turf,and other grounds to eliminate safety hazards and improve outside instructional areas OR NP179E-025 „� ........................................................... ....... ............................. ....... ........ � ...... ............................................................. � Section .......................................................... ............... .......................................................... .................................................................................................''I'll, ''I'll'',.................................................. .................. ..........I 7 The listed projects will be completed as needed. Each project is assumed to include its share of furniture,equipment,architectural,engineering, and similar planning costs,program/project management,staff training expenses and a customary contingency for unforeseen design and construction costs. In addition to the listed projects stated above,the list also includes the acquisition of a variety of instructional,maintenance and operational equipment, including the reduction or retirement of outstanding lease obligations and interim funding incurred to advance fund projects from the project list; installation of signage and fencing; payment of the costs of preparation of all facility planning, facility studies, assessment reviews, facility master plan preparation and updates,environmental studies(including environmental investigation,remediation and monitoring),design and construction documentation,and temporary housing of dislocated District activities caused by construction projects. In addition to the projects listed above,the repair and renovation of each of the existing school facilities may include, but not be limited to, some or all of the following:renovation of student and staff restrooms;repair and replacement of heating and ventilation systems;upgrade of facilities for energy efficiencies; repair and replacement of worn-out and leaky roofs, windows, walls, doors and drinking fountains; installation wiring and electrical systems to safely accommodate computers,technology and other electrical devices and needs;upgrades or construction of support facilities, including administrative, physical education/athletic facilities and performing arts buildings and maintenance yards;repair and replacement of fire alarms,emergency communications and security systems;resurfacing or replacing of hard courts,turf and irrigation systems and campus landscaping and play fields;expand parking;install interior and exterior painting and floor covering;demolition;and construction of various forms of storage and support spaces,upgrade classrooms,bleachers,kitchens,repair, upgrade and install interior and exterior lighting systems;replace outdated security fences and security systems. The upgrading of technology infrastructure includes,but is not limited to,computers,LCD projectors,portable interface devices,servers,switches,routers,modules,sound projection systems,laser printers,digital white boards,document projectors,upgrade voice-over-IP, call manager and network security/firewall,wireless technology systems and other miscellaneous equipment and software. The allocation of bond proceeds will be affected by the District's receipt of State matching funds and the final costs of each project. In the absence of State matching funds,which the District will aggressively pursue to reduce the District's share of the costs of the projects,the District will not be able to complete some of the projects listed above. The budget for each project is an estimate and may be affected by factors beyond the District's control. Some projects throughout the District, such as gyms, fields and performing arts facilities, may be undertaken as joint use projects in cooperation with other local public or non-profit agencies. The final cost of each project will be determined as plans and construction documents are finalized,construction bids are received,construction contracts are awarded and projects are completed. Based on the final costs of each project,certain of the projects described above may be delayed or may not be completed. Demolition of existing facilities and reconstruction of facilities scheduled for repair and upgrade may occur,if the Board determines that such an approach would be more cost-effective in creating more enhanced and operationally efficient campuses. Necessarysite preparation/restoration may occur in connection with new construction,renovation or remodeling,or installation or removal of relocatable classrooms,including ingress and egress,removing,replacing,or installing irrigation,utility lines, trees and landscaping,relocating fire access roads,and acquiring any necessary easements,licenses,or rights of way to the property. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staff when performing work on or necessary and incidental to bond projects and the costs of issuing the bonds. Bond proceeds shall only be expended for the specific purposes identified herein. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code §53410. ACCOUNTABILITY SAFEGUARDS The provisions in this section are specifically included in this proposition in order that the voters and taxpayers of the District may be assured that their money will be spent to address specific facilities needs of the District,all in compliance with the requirements of Article XIIIA,Section 1(b)(3) of the California Constitution,and the Strict Accountability in Local School Construction Bonds Act of 2000(codified at Sections 15264 and following of the California Education Code(the"Education Code")). Limitations on Use of Bonds. Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction,rehabilitation,or replacement of school facilities,including the furnishing and equipping of school facilities,or the acquisition or lease of real property for school facilities,and not for any other purpose,including teacher and administrator salaries and other school operating expenses. Independent Citizens'Oversight Committee. The Board shall establish an independent citizens'oversight committee(pursuant to Education Code Section 15278 and following),to ensure bond proceeds are expended only for the school facilities projects listed in the Bond Project List. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Board. In accordance with Section 15282 of the Education Code,the citizens'oversight committee shall consist of at least seven members and shall include a member active in a business organization representing the business community located within the District,a member active in a senior citizens'organization,a member active in a bona fide taxpayers'organization,a member that is a parent or guardian of a child enrolled in the District, and a member that is both a parent or guardian of a child enrolled in the District and active in a parent-teacher organization. No employee or official of the District and no vendor, contractor or consultant of the District shall be appointed to the citizens'oversight committee. Annual Performance Audits. The Board shall conduct an annual,independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in the Bond Project List. The results of these audits shall be made publicly available and shall be submitted to the citizens'oversight committee in accordance with Section 15286 of the Education Code. Annual Financial Audits. The Board shall conduct an annual,independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed in the Bond Project List. The results of these audits shall be made publicly available and shall be submitted to the citizens'oversight committee in accordance with Section 15286 of the Education Code. Special Bond Proceeds Account;Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved,the Board shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended,the Superintendent of the District shall cause a report to be filed with the Board no later than January 1 of each year,commencing January 1,2018,stating(a)the amount of bond proceeds received and expended in the relevant annual period,and(b)the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year,fiscal year,or other appropriate annual period as the Superintendent of the District shall determine,and may be incorporated into the annual budget,audit,or other appropriate routine report to the Board. OR NP179E-026 „� ........................................................... ....... ............................. ....... ........ � ...... ............................................................. � Section .......................................................... ............... .......................................................... .................................................................................................''I'll, ''I'll'',.................................................. .................. ..........I 7 Project Labor Agreements. In an effort to increase competition and maintain fairness among all potential contractors, reduce costs of construction,and efficiently apply taxpayer dollars,the District,to the extent doing so is not prohibited by law(including the doctrines of legislative entrenchment and the single subject rule)and does not eliminate any eligibility for potential State or federal funding or financial assistance,hereby declares that it shall not build and maintain bond-financed facilities under a project labor agreement. FURTHER SPECIFICATIONS Single Purpose. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to Education Code Section 15100,and all the enumerated purposes shall constitute the specific single purpose of the bonds,and proceeds of the bonds shall be spent only for such purpose,pursuant to California Government Code Section 53410. Other Terms of the Bonds. When sold,the bonds shall bear interest at an annual rate not exceeding the statutory maximum,and that interest shall be made payable at the time or times permitted by law. The bonds may be issued and sold in several series,and no bond shall be made to mature more than the statutory maximum number of years from the date borne by that bond. .................................................................................................................................................................................................................................................................................... Impartial Analysis Huntington Beach City School District Measure Q The California Constitution provides that school districts may issue general obligation bonds for the construction,reconstruction,rehabilitation or replacement of school facilities, including the furnishing and equipping of school facilities or the acquisition or lease of real property for school facilities,with the approval of 55%of the voters of the district,voting at an election for that purpose. The California Constitution further provides that the bond measure must include a requirement that the bond proceeds will be used only for the permitted purposes and other requirements designed to ensure accountability. The Board of Trustees of the Huntington Beach City School District has proposed to the voters within the Huntington Beach City School District that general obligation bonds be issued in an amount up to$159,850,000 and that ad valorem taxes be levied upon taxable property within the school district to repay the bonded indebtedness. The measure provides that proceeds from the sale of the bonds will generally be used to renovate, repair, construct and upgrade school facilities within the Huntington Beach City School District,including upgrading inadequate electrical systems,replacing temporary portables;improving technology infrastructure;repairing or replacing leaky roofs,HVAC systems and plumbing;and updating playgrounds and playfields. Bond proceeds may only be spent on the projects set forth in the measure. The measure provides that a citizens' oversight committee will be established to ensure that bond proceeds are properly expended within Huntington Beach City School District. In addition, annual performance and financial audits will be conducted. The measure also requires the Superintendent of the Huntington Beach City School District to submit a yearly report to the Board of Trustees as long as the proceeds of the bond remain unexpended. The measure further provides that bond proceeds will not be used for teacher or administrator salaries or other school operating expenses. Approval of the measure does not guarantee that the proposed project or projects in the Huntington Beach City School District that are the subject of bonds under the measure will be funded beyond the local revenues generated by the measure. The school district's proposal for the project or projects may assume the receipt of matching state funds,which could be subject to appropriation by the Legislature or approval of a statewide bond measure. The Board of Trustees of the Huntington Beach City School District has called the election for the purpose of submitting the measure to the voters within the school district. If 55%of the voters within Huntington Beach City School District voting on the measure vote"yes;'the school district may proceed to sell the bonds and levy the related taxes as estimated in the tax rate statement. A"no”vote on this measure will disapprove the issuance of the bonds and the levy of the taxes for such bonded indebtedness. OR NP179E-027 Z .....l.....'.....'.....'.....l.....l.....'.....'.....'................................................................................................................................................. ....'.......'....... .. ........................................................................................................................... ..... Section I....'....l.....l.....'.....'.....,.....'.....l.....l.......'.......'.......'.......'.......I.......'.......l. 7 Tax Rate Statement Huntington Beach City School District Measure Q An election will be held in the Huntington Beach City School District(the"District') on November 8,2016,to authorize the issuance by the District of up to$159,850,000 in general obligation bonds to finance various improvements at District schools.The following information is submitted in compliance with California Elections Code Sections 9400-9404. 1. The best estimate from official sources of the tax rate that would be required to be levied to fund this bond issue during fiscal year 2017-18, which is the first fiscal year after the sale of the first series of bonds,based on a projection of assessed valuations available at the time of filing of this statement,is$0.02700 per$100 of assessed valuation,which equates to$27.00 per$100,000 of assessed valuation. 2. The best estimate from official sources of the tax rate that would be required to be levied to fund this bond issue in the first fiscal year after the sale of the last series of bonds,which is estimated to be fiscal year 2026-27,based on a projection of assessed valuations available at the time of filing of this statement,is$0.02700 per$100 of assessed valuation,which equates to$27.00 per$100,000 of assessed valuation. 3. The best estimate from official sources of the highest tax rate that would be required to be levied to fund this bond issue,which is estimated to be fiscal year 2017-18,based on a projection of assessed valuations available at the time of filing this statement,is$0.02700 per$100 of assessed valuation,which equates to$27.00 per$100,000 of assessed valuation. 4. The best estimate from official sources of the total debt service,including principal and interest,that would be required to be repaid if all the bonds are issued and sold is$310,000,000. The foregoing projections of assessed valuations and tax rates are based on the experience and historical data within the District and are estimates only based on information obtained from official sources.The actual tax rates and the years in which they will apply may vary depending on the timing of bond sales,the amount of bonds sold at each sale,market interest rates at the time of each sale and actual assessed valuation in each year.The timing of the bond sales and the amount of bonds sold at any given time will be determined by the District based upon its need for construction funds and other factors.Actual assessed valuations will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the assessment and the equalization process. Dated:August 9,2016 s/Gregg Haulk Superintendent of Schools Huntington Beach City School District OR NP179E-028 Z .....l.....'.....'.....'.....l.....l.....'.....'.....'................................................................................................................................................. ....'.......'....... .. .................................................................................................................. ..... Section I....'....l.....l.....'.....'.....,.....'.....l.....l.......'.......'.......'.......'.......I.......'.......l. 7 Argument in Favor of Measure Q ............................................................................................................................................:............................................................................................................................................ Vote YES on Measure Q to upgrade Huntington Beach elementary and middle schools for a safe,modern education. Our schools are recognized throughout California as top performers. Great schools support strong property values,keeping Huntington Beach a thriving community and desirable place to live and work. Most of our schools were built 40-50 years ago—one was built over 80 years ago — and require repairs and updates to provide a safe learning environment and support top-quality classroom instruction. Measure Q will provide up-to-date science,technology,engineering and mathematics labs to equip Huntington Beach students with the skills they need to succeed in high school,college and today's in-demand careers. By upgrading inadequate electrical systems, Measure Q will ensure students have access to modern instructional technology. Voting YES on Q will repair and upgrade our schools to continue our tradition of excellent education.Some classrooms have aging roofs and deteriorating plumbing and sewer systems. Measure Q will make these repairs to provide safe,well-maintained learning environments and avoid more costly repairs in the future so our schools can serve our community for decades to come. Vote YES on Q to: • Construct science,technology,engineering and mathematics labs • Ensure student access to today's learning technology • Modernize outdated classrooms,restrooms and school facilities • Fix aging roofs, renovate deteriorating plumbing and sewer systems and upgrade inadequate electrical systems Strict Taxpayer Protections • All money raised by Measure Q will stay in Huntington Beach to support our local elementary and middle school students and cannot be taken away by the State or used for other purposes • A Citizens' Oversight Committee and a project list detailing exactly how the money would be used are required • Independent audits ensure funds are spent properly Vote YES on Measure Q to prepare Huntington Beach students for future success. s/Brian E.Rechsteiner Board of Trustees,HBCSD s/Gina Gleason HBHS Foundation Pres s/Catherine G.McGough Former Board Member s/Charlotte Augenstein Realtor/President,Huntington Beach Educational Foundation No argument against this measure was submitted. OR NP179E-029 Section Frt �eLlt 8 OFFICIAL BALLOT General Election Orange County November 08,2016 UNITED STATES REPRESENTATIVE COAST COMMUNITY COLLEGE DISTRICT 48th District Governing Board Member,Trustee Area 4 Vote for One Vote for One DANA ROHRABACHER MARY HORNBUCKLE Party Preference:Republican Governing Board Member,Coast U.S.Representative,48th District Community College District,Trustee SUZANNE SAVARY Area 4 Party Preference:Democratic JONATHAN BAD HUYNH Retired Business Educator Educator/Business Owner STATE OF CALIFORNIA STATE SENATOR 37th District HUNTINGTON BEACH UNION HIGH SCHOOL Vote for One DISTRICT ARI GRAYSON Governing Board Member Party Preference:Democratic Vote for no more than Two PARTY-NOMINATED OFFICES. Educator/Environmental Scientist MICHAEL H.SIMONS Governing Board Member,Huntington The party label accompanying the name of a �JOHN M.W.MOORLACH candidate forparty-nominated office on the Beach Union High School District Party Preference:Republican General Election ballot means that the California State Senator SUSAN HENRY candidate is the official nominee of the party Governing Board Member,Huntington ,/� shown. MEMBER OF THE STATE ASSEMBLY Beach Union High School District v, OPRESIDENT AND VICE PRESIDENT 74th District Vote for One SAUL E.LANKSTER > Vote for One Party Criminal Justice Professor JDONALD J.TRUMP KARINA ONOFRE J MICHAEL R.PENCE Party Preference:Democratic TRUNG TA 3 Party Preference:Republican, Small Business Owner Engineer/Project Manager QAmerican Independent MATTHEW HARPER COLIN MELOTT GARY JOHNSON Party Preference:Republican Retail Store Supervisor W BILL WELD Member of the State Assembly,74th Party Preference:Libertarian District M WJILL STEIN NONPARTISAN OFFICES. AJAMU BARAKA All voters,regardless of the party preference JParty Preference:Green they disclosed upon registration,or refusal to HILLARY CLINTON disclose a party preference,may vote for any HUNTINGTON BEACH CITY SCHOOL TIM KAINE candidate for a nonpartisan office(if any).The DISTRICT Party Preference:Democratic Party preference,if any,of a candidate for a Governing Board Member r nonpartisan office does not appear on the Vote for no more than Two GLORIA ESTELA LA RIVA ballot. r Q BRIDGET KAUB O DENNIS J.BANKS SCHOOL Governing Board Member,Huntington Party Preference:Peace and Freedom COAST COMMUNITY COLLEGE DISTRICT Beach City School District NGoverning Board Member,Trustee Area 2 ANN P.SULLIVAN Vote for One Retired Elementary Principal VOTER-NOMINATED OFFICES. VONG XAVIER NGUYEN KARRIE BURROUGHS All voters,regardless of the party preference Educator/Business Owner Elementary Teacher/Parent they disclosed upon registration,or refusal to JERRY PATTERSON disclose a party preference,may vote for any Governing Board Member,Coast candidate for a voter-nominated office.The Community College District party preference,if any,designated by a candidate for a voter-nominated office is Q selected by the candidate and is shown for the information of the voters only.It does not imply CITY that the candidate is nominated or endorsed COAST COMMUNITY COLLEGE DISTRICT by the party or that the party approves of the Governing Board Member,Trustee Area 3 candidate. Vote for One UNITED STATES SENATOR VICTOR VALLADARES Vote for One Community College Student KAMALA D.HARRIS LORRAINE PRINSKY Party Preference:Democratic Governing Board Member,Coast Attorney General of California Community College District,Trustee LORETTA L.SANCH EZ Area 3 Party Preference:Democratic ROB FISHEL United States Congresswoman Businessman OR NP179E-030 Section Frt �eLlt 8 OFFICIAL BALLOT General Election Orange County November 08,2016 CITY OF HUNTINGTON BEACH MUNICIPAL WATER DISTRICT OF ORANGE 54-LEGISLATURE.LEGISLATION AND Member,City Council COUNTY PROCEEDINGS. Vote for no more than Three Director,Division 4 INITIATIVE CONSTITUTIONAL AMENDMENT LYN SEMETA Vote for One AND STATUTE. Planning Commissioner/Attorney KELLY ROWE Prohibits Legislature from passing any bill Engineering GeologisUHydrogeologist unless published on Internet for 72 hours before RON STERUD vote.Requires Legislature to record its Financial Advisor JOAN FINNEGAN proceedings and post on Internet.Authorizes Director,Municipal Water District of use of recordings.Fiscal Impact:One-time MARK ROLFES Orange County,Division 4 costs of$1 million to$2 million and ongoing Businessman costs of about$1 million annually to record TIM BEAMAN legislative meetings and make videos of those JILL HARDY Engineer Teacher/Cou ncilmember Water Resource En g meetings available on the Internet. AMORY HANSON 0 Q Yes Student [=I NO MARIANN ETTORRE MEASURES SUBMITTED TO THE VOTERS 55-TAX EXTENSION TO FUND EDUCATION Businesswoman/CPA STATE OF CALIFORNIA AND HEALTHCARE. INITIATIVE CONSTITUTIONAL AMENDMENT. EDWARD PINCHIFF 51-SCHOOL BONDS. FUNDING FOR K-12 Extends by twelve years the temporary Planning Commissioner/Businessowner SCHOOL AND COMMUNITY COLLEGE personal income tax increases enacted in 2012 FACILITIES. on earnings over$250,000,with revenues JOE CARCHIO INITIATIVE STATUTE. Waste Management Commissioner allocated to schools,California CA Authorizes$9 billion in general obligation Community Colleges,and,in certain years, O KAREN LEIGHTON bonds for new construction and modernization healthcare.Fiscal Impact: Increased state Registered Nurse of K-12 public school facilities;charter schools revenues—$4 billion to$9 billion annually from J and vocational education facilities;and 2019-2030—depending on economy and stock PATRICK BRENDEN California Community Colleges facilities. Fiscal market.Increased funding for schools, J Planning Commissioner/Businessman Impact:State costs of about$17.6 billion to pay community colleges,health care for low-income off both the principal($9 billion)and interest people,budget reserves,and debt payments. Q ($8.6 billion)on the bonds. Payments of about $500 million per year for 35 years. M Yes M 0 Q Yes 0 No 1.1.1 NO 56-CIGARETTE TAX TO FUND M W HEALTHCARE,TOBACCO USE 52-MEDI-CAL HOSPITAL FEE PROGRAM. PREVENTION,RESEARCH,AND LAW J INITIATIVE CONSTITUTIONAL AMENDMENT ENFORCEMENT. 00 CITY OF HUNTINGTON BEACH AND STATUTE. INITIATIVE CONSTITUTIONAL AMENDMENT City Clerk Extends indefinitely an existing statute that AND STATUTE. Vote for One imposes fees on hospitals to fund Medi-Cal Increases cigarette tax by$2.00 per pack,with health care services,care for uninsured equivalent increase on other tobacco products KEVIN DONOVAN q Handyman patients,and childre n's health coverage.Fiscal and electronic cigarettes containing nicotine. y Impact:Uncertain fiscal effect,ranging from Q Fiscal Impact: Additional net state revenue of ROBIN ESTANISLAU relatively little impact to annual state General $1 billion to$1.4 billion in 2017-18,with O Appointed City Clerk Fund savings of around$1 billion and PP y potentially lower revenues in future years. N increased funding for public hospitals in the low Revenues would be used primarily to augment hundreds of millions of dollars annually. spending on health care for low-income M Yes Californians. CITY OF HUNTINGTON BEACH No Q Yes City Treasurer M NO Vote for One 53-REVENUE BONDS.STATEWIDE VOTER ALISA CUTCHEN APPROVAL. 57-CRIMINAL SENTENCES.PAROLE. Elected City Treasurer INITIATIVE CONSTITUTIONAL AMENDMENT. JUVENILE CRIMINAL PROCEEDINGS AND Requires statewide voter approval before any SENTENCING. revenue bonds can be issued or sold by the INITIATIVE CONSTITUTIONAL AMENDMENT state for certain projects if the bond amount AND STATUTE. exceeds$2 billion.Fiscal Impact:State and Allows parole consideration for nonviolent DISTRICT local fiscal effects are unknown and would felons.Authorizes sentence credits for depend on which projects are affected by the ORANGE COUNTY WATER DISTRICT rehabilitation,good behavior,and education. measure and what actions government Director,Division 6 Provides juvenile court judge decides whether agencies and voters take in response to the Vote for One juvenile will be prosecuted as adult.Fiscal measure's voting requirement. Impact:Net state savings likely in the tens of E3 CLEM DOMINGUEZ Q Yes millions of dollars annually,depending on Software Engineer implementation.Net county costs of likely a few CATHY GREEN NO million dollars annually. Director,Orange County Water District, M Yes Division 6 Q No OR NP179E-031 Section Frt �eLlt 8 OFFICIAL BALLOT General Election Orange County November 08,2016 58-ENGLISH PROFICIENCY.MULTILINGUAL 61-STATE PRESCRIPTION DRUG 65-CARRYOUT BAGS.CHARGES. EDUCATION. PURCHASES.PRICING STANDARDS. INITIATIVE STATUTE. INITIATIVE STATUTE. INITIATIVE STATUTE. Redirects money collected by grocery and Preserves requirement that public schools Prohibits state from buying any prescription certain other retail stores through mandated ensure students obtain English language drug from a drug manufacturer at price over sale of carryout bags.Requires stores to proficiency. Requires school districts to solicit lowest price paid for the drug by United States deposit bag sale proceeds into a special fund parent/community input in developing language Department of Veterans Affairs.Exempts to support specified environmental projects. acquisition programs.Requires instruction to managed care programs funded through Fiscal Impact:Potential state revenue of ensure English acquisition as rapidly and Medi-Cal.Fiscal Impact:Potential for state several tens of millions of dollars annually effectively as possible.Authorizes school savings of an unknown amount depending on under certain circumstances,with the monies districts to establish dual-language immersion (1)how the measure's implementation used to support certain environmental programs for both native and non-native English challenges are addressed and(2)the programs. speakers.Fiscal Impact:No notable fiscal effect responses of drug manufacturers regarding the on school districts or state government. provision and pricing of their drugs. [:3 YeS Q Yes Q Yes 0 No No No 66-DEATH PENALTY.PROCEDURES. INITIATIVE STATUTE. 59-CORPORATIONS.POLITICAL 62-DEATH PENALTY. Changes procedures governing state court SPENDING.FEDERAL CONSTITUTIONAL INITIATIVE STATUTE. challenges to death sentences.Designates PROTECTIONS. Repeals death penalty and replaces itwith life superior court for initial petitions and limits LEGISLATIVE ADVISORY QUESTION. imprisonment without possibility of parole. successive petitions.Requires appointed Asks whether California's elected officials Applies retroactively to existing death attorneys who take noncapital appeals to should use their authority to propose and ratify sentences.Increases the portion of life inmates' accept death penalty appeals.Exempts prison an amendment to the federal Constitution wages that may be applied to victim restitution. officials from existing regulation process for v' O overturning the United States Supreme Court Fiscal Impact:Net ongoing reduction in state developing execution methods.Fiscal Impact: decision in Citizens United v.Federal Election and county criminal justice costs of around Unknown ongoing impact on state court costs J Commission.Citizens United ruled that laws $150 million annually within a few years, for processing legal challenges to death placing certain limits on political spending by although the impact could vary by tens of sentences.Potential prison savings in the tens Jcorporations and unions are unconstitutional. millions of dollars depending on various factors. of millions of dollars annually. Fiscal Impact:No direct fiscal effect on state or Qlocal governments. Yes EZI Yes Q/�/� Shall California's elected officials use all of their No Q No W constitutional authority,including,but not 63-FIREARMS.AMMUNITION SALES. 67-BAN ON SINGLE-USE PLASTIC BAGS. limited to,proposing and ratifying one or more INITIATIVE STATUTE. REFERENDUM. W amendments to the United States Constitution, Requires background check and Department of A"Yes"vote approves,and a"No"vote rejects, to overturn Citizens United v.Federal Election Justice authorization to purchase ammunition. a statute that prohibits grocery and other stores J Commission(2010)558 U.S.310,and other Prohibits possession of large-capacity from providing customers single-use plastic or 00 applicable judicial precedents,to allow the full ammunition magazines.Establishes paper carryout bags but permits sale of regulation or limitation of campaign procedures for enforcing laws prohibiting recycled paper bags and reusable bags.Fiscal contributions and spending,to ensure that all firearm possession by specified persons. Impact:Relatively small fiscal effects on state citizens,regardless of wealth,may express Requires Department of Justice's participation and local governments,including a minor their views to one another,and to make clear in federal National Instant Criminal Background increase in state administrative costs and that corporations should not have the same Check System.Fiscal Impact:Increased state possible minor local government savings from Q constitutional rights as human beings? and local court and law enforcement costs, reduced litter and waste management costs. O potentially in the tens of millions of dollars N E3 Yes annually,related to a new court process for M Yes removing firearms from prohibited persons after [=I No No they are convicted. 60-ADULT FILMS.CONDOMS.HEALTH 0 Yes SCHOOL REQUIREMENTS. Q-Huntington Beach City School District INITIATIVE STATUTE. Q NO Bond Measure Election Requires adult film performers to use condoms 64-MARIJUANA LEGALIZATION. To construct science,technology,engineering, during filming of sexual intercourse.Requires and mathematics labs,repair or replace leaky producers to pay for performer vaccinations, INITIATIVE STATUTE. roofs,renovate deteriorating plumbing/sewer testing,and medical examinations.Requires Legalizes marijuana under state law,for use by systems,upgrade inadequate electrical producers to post condom requirement at film adults 21 or older.Imposes state taxes on sales systems,construct,renovate,modernize,equip sites.Fiscal Impact:Likely reduction of state and cultivation.Provides for industry licensing classrooms,restrooms and other school and local tax revenues of several million dollars and establishes standards for marijuana facilities and to improve the quality of education annually.Increased state spending that could products.Allows local regulation and taxation at local schools;shall Huntington Beach City exceed$1 million annually on regulation, Fiscal Impact:Additional tax revenues ranging School District issue$159,850,000 of bonds at partially offset by new fees. from high hundreds of millions of dollars to over legal rates,with annual audits,and have an $1 billion annually,mostly dedicated to specific independent citizens'oversight committee with QYes purposes.Reduced criminal justice costs of no money for administrative salaries or taken QNo tens of millions of dollars annually. by the state? Q Yes Q Bonds-Yes 0 No Q Bonds-No OR NP179E-032 Section Frt �eLlt 8 O D J 3 J � Q r m This page intentionally left blank m W 00 J D a r � r Q O OR NP179E-033 ............................................................................................................................................................................................................................... .... .......................................................................................................... .... .......................................................................................................... .... .......................................................................................................... ..... .... ...................................................... ...... .... ................................................................................. .... ................................................................................ .... ................................................................................ ................................................................................. .... .................................................................................... .................................................................................V.......olu nter! ''I'l''''I'll''''I'll'll''''I'll''''I'll'','ll''''I'll''''I'll'',llI.............................................................................. .... ................................................................................................................................................................................................................................... .... ................................................................................................................................................................................................................................... Your community needs your help! Be a part of our great democracy on Election Day. Here's how: • Work at the polls; • Help at an election night support center; or • Allow your garage or facility to be used as a polling place. • Earn up to $160 in a stipend for your services! Orange County also provides assistance in Chinese, Korean, Spanish and Vietnamese at designated polling places, as required by the Federal Voting Rights Act. We need volunteers that can speak, read and write in these languages, as well as English. Interested? Sign up: ® Call: 714-954-1901 Online: ocvote.com/volunteer MEMO Fill out and return the postage-paid card on the back of this pamphlet, and we will call you! OR NP179E-034 ............................................................................................................................................................................................................................... .... ............................................ ..................................................................................................................................................................................................................................................................................................................................................................................................................... ....,., .........1...1.....1.....1.....1.....1.....1.....1.....,.. ............... Voter Ertl of Ili ht ...................................................................................................................................................................................... You have the following rights: 1. The right to vote if you are a registered 6. The right to get help casting your voter. ballot from anyone you choose, You are eligible to vote if you are: except from your employer or union • a U.S. citizen living in California representative. • at least 18 years old 7. The right to drop off your completed • registered where you currently live vote-by-mail ballot at any polling place in the county where you are • not in prison or on parole for a felony registered to vote. 2. The right to vote if you are a registered voter even if your name is not on the $• The right to get election materials list. You will vote using a provisional ballot. in a language other than English if Your vote will be counted if elections enough people in your voting precinct officials determine that you are eligible to speak that language. vote. 9. The right to ask questions to 3. The right to vote if you are still in line elections officials about election when the polls close. procedures and watch the election process. If the person you ask cannot 4. The right to cast a secret ballot without answer your questions, they must send anyone bothering you or telling you how to you to the right person for an answer. vote. If you are disruptive, they can stop 5. The right to get a new ballot if you have answering you. made a mistake, if you have not already 10. The right to report any illegal or cast your ballot. You can: fraudulent election activity to an • Ask an elections official at a polling elections official or the Secretary of place for a new ballot; or State's office. • Exchange your vote-by-mail ballot On the web at www.sos.ca.gov for a new one at an elections office, or at your polling place; or ® By phone at (800) 345-VOTE (8683) • Vote using a provisional ballot, if you do not have your original vote-by-mail Q By email at elections@sos.ca.gov ballot. If you believe you have been denied any of these rights, call the Secretary of State's confidential toll-free Voter Hotline at (800) 345-VOTE (8683). OR NP179E-035 .... ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ........................................................ .... .............. .... .... ...................... ........ .... ........................1 du ............... .... ............................................................r Ir ... ......... rrn ............. tir ............................................................................... ................................. ................................................................................................................................................. .................................................................... 1rrt ......................... ''I'l''''I'll''''I'll'll''''I'll'I............................................. Have you: Is your: • Moved? • Name spelled correctly? • Changed your name? • Apartment number correct? • Changed your party preference? • P.O. Box number correct? If yes, you need to re-register. If not, please contact us so we can correct your information. Register online at: registertovote.ca.gov ® Call our office to request a registration form or to correct any error in your name, apartment number, or P.O. Box number, at (714) 567-7600 You can check your voter registration status or see if you are a Permanent Vote-by-Mail Voter at: ocvote.com/verify OR NP179E-036