Last Checked 4/4/2024
- Allows felony charges for possessing certain drugs, including fentanyl, and for thefts under $950—both currently chargeable only as misdemeanors—with two prior drug or two prior theft convictions, as applicable. Defendants who plead guilty to felony drug possession and complete treatment can have charges dismissed.
- Increases sentences for other specified drug and theft crimes.
- Increased prison sentences may reduce savings that currently fund mental health and drug treatment programs, K-12 schools, and crime victims; any remaining savings may be used for new felony treatment program.
- Legislative Analyst: Increased state criminal justice system costs potentially in the hundreds of millions of dollars annually, primarily due to an increase in the state prison population. Some of these costs could be offset by reductions in state spending on local mental health and substance use services, truancy and dropout prevention, and victim services due to requirements in current law. Increased local criminal justice system costs potentially in the tens of millions of dollars annually, primarily due to increased court-related workload and a net increase in the number of people in county jail and under county community supervision.
- Legislative Analyst: Increased costs to state government, potentially up to the millions of dollars annually, to review entities’ compliance with the measure and enforce the measure’s provisions. These costs would be paid for by fees created under the measure. Uncertain fiscal impacts to state and local government health programs, depending on how the affected entities respond to the measure’s requirements.
- Legislative Analyst: Uncertain overall impact on state revenues and spending, including reduced legislative flexibility over the use of MCO tax funds. The extent of this impact depends on whether the measure would result in different state decisions around imposing, structuring, and spending proceeds from the managed care organization tax than in the absence of the measure.
1971. (23-0029A1) - EXPANDS STATE HEALTH CARE PROGRAM FOR CHILDREN WITH CERTAIN MEDICAL CONDITIONS.
Expands California Children’s Services Program, which provides health care to low-middle income children under 21 with specified medical conditions, by requiring state to provide:
- financial assistance to families not eligible for Program services for certain out-of-pocket treatment costs for covered conditions;
- new annual grants to hospitals that provide Program services;
- increased payment rates for physicians that are at least the federal Medicare rate; and
- coverage for additional medical conditions including cancer, heart disease, certain infectious diseases, and cerebral palsy that are currently covered only by regulation, not by statute.
- Legislative Analyst: State General Fund cost potentially ranging in the hundreds of millions of dollars to around a billion dollars each year to assist families with the cost of health care for children with qualifying serious and chronic diseases, as well as to increase payments to providers in the California Children’s Services program.
- Legislative Analyst: Potential increased costs to schools that could reach in the high tens of millions of dollars annually in the first few years and then likely decline over time. Costs could be related to additional teachers, curriculum development, and instructional materials and would depend on how the measure is implemented.
Qualified for November 2024 Ballot
Even so, the public initiatives will not be formally certified (announced) until June 27, 2024
ACA 5 (Low) MARRIAGE EQUALITY CONSTITUTIONAL AMENDMENT [NO - HB] - Removes Traditional Marriage (Voted in 2008 as Proposition 8) from State Constitution establishing marriage as a union between one man and one woman but later declared unconstitutional by federal judges. [This Assembly bill has no legal effect, but it gives those promoting same-sex marriage yet another platform to pressure traditional Christians, conservatives, and Republicans to abandon traditional/biblical marriage. The CAGOP Convention in September 2023 retained the State party platform instead of 'softening' it on the Faustian logic that giving up such a traditional plank would enable Republicans to get elected. - Harry Briley, AD16]
ACA 1 (Aguiar-Curry) Local government financing: affordable housing and public infrastructure: voter approval. CONSTITUTIONAL AMENDMENT [NO - HJTA, HB]- This repeals one of the most important protections in Proposition 13 by lowering the existing two-thirds vote threshold for both local bonds and special taxes to 55 percent for a myriad of purposes. "This vampire bill keeps rising from the coffin every year. It creates dozens of exceptions to Prop 13's two-thirds vote protection, which would cost taxpayers billions in the coming years, including Parcel taxes and Bond Debt that puts security of home ownership at risk." - HJTA
ACA 13 (Ward) Voting thresholds. CONSTITUTIONAL AMENDMENT [NO - HB, HJTA] - This raises voter mandate from 50% to 67% for constitutional amendments by citizen initiative. It is specifically aimed to kill the HJTA Proposition proposed for November 2024. - Per Senator Glazier’s aide 9/7 that ACA 13 is shelved in committee and probably won’t be voted on this session. - They LIED. Moved out of Appropriations five days later 9/12 and passed by Senate on 9/14 - Quietly held on Consent Calendar until 11/1, Signed onto Ballot 11/2/2023
1916. (21-0022A1) - FUNDS PANDEMIC DETECTION AND PREVENTION BY INCREASING TAX ON PERSONAL INCOME OVER $5 MILLION. CONSTITUTIONAL AMENDMENT [NO - CAGOP, HB] - Increases tax on personal income over $5 million by 0.75% for 10 years, and allocates as follows:
- 50% to the California Institute for Pandemic Prevention (established by this measure), to award grants for research and development of technologies to detect and prevent future pandemics;
- 25% for public health programs for pandemic preparedness
- 25% for improvements to school facilities to limit disease transmission.
- Legislative Analyst: Increased tax range from $500 million to $1.5 billion annually for ten-year period. Revenues entirely support activities related to infectious disease control and pandemic prevention.
1921. (21-0027A1) - ELIMINATES EMPLOYEES’ ABILITY TO SUE FOR MONETARY PENALTIES FOR STATE LABOR-LAW VIOLATIONS. - Repeals 2004 law allowing employees to sue on behalf of themselves and other employees against employers to recover monetary penalties for certain state labor-law violations.
- Labor Commissioner retains authority to enforce labor laws and impose penalties.
- Eliminates Labor Commissioner’s authority to contract with private organizations or attorneys to assist with enforcement.
- Requires Legislature to provide funding of unspecified amount for Labor Commissioner enforcement.
- Requires Labor Commissioner to provide pre-enforcement advice; allows employers to correct identified labor-law violations without penalties. Authorizes increased penalties for willful violations.
- Legislative Analyst: Likely increase in costs to enforce labor laws exceeding $100 million per year. Reduction in state penalty revenue used for enforcement by tens of millions annually.
- Limits voter-proposed local special taxes by raising vote requirement to two-thirds.
- Eliminates ability to advise how to spend revenues on same ballot as the proposed tax.
- Expands definition of “taxes” to include certain regulatory fees, broadening application of tax approval requirements. Requires Legislature or local governing body set certain other fees.
- Legislative Analyst: Lower revenues, potentially substantially lower, depending on future actions of the Legislature, local governing bodies, voters, and courts.
1936. (21-0043A1) - RAISES MINIMUM WAGE. [NO - CAGOP] - Existing law requires annual increases to California’s minimum wage until it has reached $15.00 per hour for all businesses on January 1, 2023. This measure extends these annual increases ($1.00 per year) until minimum wage—currently, $15.00 per hour for businesses with 26 or more employees, and $14.00 per hour for smaller businesses—reaches $18.00 per hour. Thereafter, as existing law requires, the minimum wage will annually adjust for inflation. In periods of decreased economic activity, or General Fund deficit, the Governor may suspend annual increase up to two times, thereby extending timeline for reaching $18.00 per hour.
- Legislative Analyst: Unclear change in revenues, likely between a loss of a couple billion and a gain of a few hundred million. Increase in costs likely between half a billion and a few billion.
1940. (22-0006) -REFERENDUM CHALLENGING 2022 LAW PROHIBITING NEW OIL AND GAS WELLS NEAR HOMES, SCHOOLS, AND HOSPITALS. - If the required number of registered voters sign this petition and it is timely filed, a 2022 law will not take effect unless approved at the next statewide general or special election after November 8, 2022. [A Yes means? A No means?] The challenged law:
- Prohibits most new or modified oil and gas wells within 3,200 feet of specified locations, including housing, schools, daycares, parks, healthcare facilities, community resource centers, detention facilities, and businesses open to the public.
- Requires existing wells in these areas meet specified health, safety, and environmental requirements by January 1, 2025.
1942. (22-0008) EXPANDS LOCAL GOVERNMENTS’ AUTHORITY TO ENACT RENT CONTROL ON RESIDENTIAL PROPERTY. - Repeals 1995 law that generally prevents cities and counties from limiting the initial rental rate that landlords may charge to new tenants in all types of housing, and from limiting rent increases for existing tenants in (1) residential properties that were first occupied after February 1, 1995; (2) single-family homes; and (3) condominiums.
- This repeals that state law and re-enables cities and counties to establish their own rent control policies.
- Legislative Analyst: Potential reduction in revenues in the high tens of millions of dollars per year over time. Depending on actions by local communities, tax revenue losses could be less or more. [[How does rent control reduce Tax Revenue? - HB]]
The State Republican Party Initiatives Committee met on September 30, 2023 at the Anaheim Marriott to consider initiatives. Initiatives Committee Chairman, Walt Allen. Members present: Ranelle Baldwin, Vern Costa, Phil Cothran, Nancy De Luna, Howard Hakes, Kevin Krick, Lisa Moreno, Sayrs Morris, Patty Ramos, William Michael Wright.
#1916 (21-0022) Income Tax Increase/Pandemic Response - OPPOSE
#1936 (21-0043) $18 Minimum Wage -OPPOSE
#21-0027 PAGA Reform - SUPPORT [Not yet on ballot by that name]
#1935 (21-0042) Taxpayer Protection Act -SUPPORT
Results of November 2022 Propositions
Overwhelming decisions with no progressive coast versus rural split
Statewide: 1: YES // 26: NO // 27: NO // 28: YES // 29: NO // 30: NO // 31: YES
Recommended: 1: NO // 26: NO // 27: NO // 28: ---- // 29: NO // 30: NO // 31: NO
Prop Title as of 11/17/22 5pm Yes% No%
1 Constitution: Reproductive Freedom 67%
26 Sports Wagering on Tribal Lands 68%
27 Online Wagering Outside Tribal Lands 83%
28 School Arts and Music Funding 64%
29 Regulates Kidney Dialysis Clinics 69%
30 Tax to Fund ZEV/Wildfire Programs 58%
31 Prohibit some Tobacco Products 63%
Comments:
Prop 1 Californian Constitution now enforces no limits nor questions asked whatsoever on any abortion
Props 26/27 The gambling steep defeats has not stopped them from filing again for 2024!
Prop 29 Third election this Proposition has been soundly defeated. Will they try again in 2024?
Prop 31 Passage probably a reaction to anything Big Tobacco
Source Material: Initiative and Referendum Qualification Status :: California Secretary of State
ACGOP = Alameda County Republican Central Committee
CAGOP = California Republican Party (Initiatives Committee)
HB = Harry Briley, Source of this commentary, Member of ACGOP (AD16), Legislative Watch Team