1067. (SA04RF0030, Amdt. #1-S) [REVISED]. Termination of
Minor's Pregnancy. Waiting Period and Parental Notification. Initiative
Constitutional Amendment.
Proponents: Paul E. Laubacher and Barbara R. Laubacher
(916) 381-5222
Amends California Constitution to bar abortion on
unemancipated minor until 48 hours after physician notifies minor's
parent/legal guardian, except in medical emergency or with parental waiver.
Permits judicial waiver of notice based on clear and convincing evidence of
minor's maturity or minor's best interests. Physician must report abortions
performed on minors and State shall compile statistics. Authorizes monetary
damages for violation. Minor must consent to abortion unless mentally
incapable or in medical emergency. Permits judicial relief if minor's consent
to abortion is coerced. Summary of estimate by Legislative Analyst and
Director of Finance of fiscal impact on state and local governments: The net
costs of this measure to Medi-Cal and other programs are unknown, but are
probably not significant in the context of the total expenditures for these
programs.
Initiative Statute
Proposition 74
1088. (SA05RF0019). Public School Teachers. Waiting
Period for Permanent Status. Dismissal. Initiative Statute.
Proponent: Bonnie Garcia (760) 202-7714
Increases length of time required before a teacher may become a permanent
employee from two complete consecutive school years to five complete
consecutive school years; measure applies to teachers whose probationary
period commenced during or after the 2003-2004 fiscal year. Authorizes school
boards to dismiss a permanent teaching employee who receives two consecutive
unsatisfactory performance evaluations. Summary of estimate by Legislative
Analyst and Director of Finance of fiscal impact on state and local
governments: Unknown impact on school district teacher salary costs as a
result of changes in teacher tenure and dismissal practices. Fiscal impacts
could vary significantly district by district.
Initiative Statute
Proposition 75
1084. (SA05RF0009). Public Employee Union Dues. Required
Employee Consent for Political Contributions. Initiative Statute.
Proponent: Lewis K. Uhler (916) 786-9400
Prohibits public employee labor organizations from using dues or fees for
political contributions unless the employee provides prior consent each year
on a specified written form. Prohibition does not apply to dues or fees
collected for charitable organizations, health care insurance, or other
purposes directly benefiting the public employee. Requires labor organizations
to maintain and submit to the Fair Political Practices Commission records
concerning individual employees' and organizations' political contributions;
those records are not subject to public disclosure. Summary of estimate by
Legislative Analyst and Director of Finance of fiscal impact on state and
local governments: Probably minor state and local government implementation
costs, potentially offset in part by revenues from fines and/or fees.
Initiative Constitutional
Amendment
Proposition 76
1131. (SA05RF0067, Amdt.#1-NS). School Funding. State
Spending. Initiative Constitutional Amendment.
Proponents: William Hauck and Allan Zaremberg (916) 444-6670
Changes state minimum school funding requirements (Proposition 98),
permitting suspension of minimum funding, but terminating repayment
requirement, and eliminating authority to reduce funding when state revenues
decrease. Excludes above-minimum appropriations from schools' funding base.
Limits state spending to prior year total plus revenue growth. Shifts excess
revenues from schools/tax relief to budget reserve, specified construction,
debt repayment. Requires Governor to reduce state appropriations, under
specified circumstances, including employee compensation, state contracts.
Continues prior year appropriations if new state budget delayed. Prohibits
state special funds borrowing. Requires payment of local government mandates.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal
impact on state and local governments: Spending limit could constrain state
expenditures over time. Other provisions would have major impacts on state
budget decision making, which could lead to varying outcomes regarding the
level of state spending and on the composition of that spending among
education, transportation, and other state programs. Provisions allowing
Governor to reduce appropriations could result in lower state spending in
certain years when the state was facing unresolved budget shortfalls.
Initiative Constitutional
Amendment
Proposition 77
1072. (SA04RF0037, Amdt. #1-NS). Reapportionment.
Initiative Constitutional Amendment.
Proponents: Edward J. (Ted) Costa, Dr. Arthur Laffer, Major General
Sidney S. Novaresi (USAF) Ret., Jimmie Johnson (916) 482-6175
Amends state Constitution’s process for redistricting California’s Senate,
Assembly, Congressional and Board of Equalization districts. Requires
three-member panel of retired judges, selected by legislative leaders, to
adopt new redistricting plan if measure passes and again after each national
census. Panel must consider legislative, public proposals/comments and hold
public hearings. Redistricting plan becomes effective immediately when adopted
by judges’ panel and filed with Secretary of State. If voters subsequently
reject redistricting plan, process repeats. Specifies time for judicial review
of adopted redistricting plan; if plan fails to conform to requirements, court
may order new plan. Summary of estimate by Legislative Analyst and Director of
Finance of fiscal impact on state and local governments: This measure would
have the following major fiscal impact: One-time state redistricting costs,
probably totaling a few million dollars. Comparable savings for each
redistricting effort after 2010 (once every ten years).
Initiative Statute
Proposition 78
1129. (SA05RF0065). Prescription Drugs. Discounts.
Initiative Statute.
Proponent: Ashlee N. Brown (916) 442-7757
Establishes discount prescription drug program, overseen by the Department
of Health Services. Enables certain low - and moderate - income California
residents to purchase prescription drugs at reduced prices. Imposes $15
application fee, renewable annually. Requires Department's prompt
determination of residents' eligibility, based on listed qualifications.
Authorizes Department to contract with pharmacies to sell prescription drugs
at agreed-upon discounts negotiated in advance, and to negotiate rebate
agreements with drug manufacturers. Permits outreach programs to increase
public awareness. Creates state fund for deposit of rebate payments from drug
manufacturers. Allows program to be terminated under specified conditions.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal
impact on state and local governments: One-time and ongoing state costs,
potentially in the millions to low tens of millions of dollars annually, for
administration and outreach activities to implement the new drug discount
program. A significant share of these costs would probably be borne by the
state General Fund. A largely one-time state cost, potentially in the low tens
of millions of dollars, to cover the funding gap between the time when drug
rebates are collected by the state and when the state pays funds to pharmacies
for drug discounts provided to consumers. Any such costs not covered through
advance rebate payments from drug manufacturers would be borne by the state
General Fund. Unknown savings on state and county health program costs due to
the availability of drug discounts.
Initiative Statute
Proposition 79
1106. (SA05RF0037). Prescription Drug Discounts.
State-Negotiated Rebates. Initiative Statute.
Proponent: Anthony Wright (916) 442-2308
Provides for prescription drug discounts to Californians who qualify based
on income-related standards, to be funded through rebates from participating
drug manufacturers negotiated by California Department of Health Services.
Rebates must be deposited in State Treasury fund, used only to reimburse
pharmacies for discounts and to offset administration costs. At least 95% of
rebates must go to fund discounts. Prohibits new Medi-Cal contracts with
manufacturers not providing the Medicaid best price to this program, except
for drugs without therapeutic equivalent. Establishes oversight board. Makes
prescription drug profiteering, as defined, unlawful. Summary of estimate by
Legislative Analyst and Director of Finance of fiscal impact on state and
local governments: One-time and ongoing state costs, potentially in the
millions to low tens of millions of dollars annually, for administration and
outreach activities for a new drug discount program. A significant share of
these costs would probably be borne by the state General Fund. A largely
one-time state cost, potentially in the low tens of millions of dollars, to
cover the funding gap between the time when drug rebates are collected by the
state and when the state pays funds to pharmacies for drug discounts provided
to consumers. Any such costs not covered through advance rebate payments from
drug makers would be borne by the state General Fund. Unknown costs and
savings as a result of provisions linking drug prices for the new drug
discount program to Medi-Cal prices, including the potential effect on the
state's receipt of supplemental rebates; unknown savings on state and county
health program costs due to the availability of drug discounts; and unknown
costs and offsetting revenues from the anti-profiteering provisions.
Initiative Statute
Proposition 80
1114. (SA05RF0053 Amdt. #1-NS). Electric Service
Providers. Regulation. Initiative Statute.
Proponents: Robert Finkelstein and Michel Peter Florio (415) 929-8876
Subjects electric service providers, as defined, to control and regulation
by California Public Utilities Commission. Imposes restrictions on electricity
customers' ability to switch from private utilities to other electric
providers. Provides that registration by electric service providers with
Commission constitutes providers' consent to regulation. Requires all retail
electric sellers, instead of just private utilities, to increase renewable
energy resource procurement by at least 1% each year, with 20% of retail sales
procured from renewable energy by 2010, instead of current requirement of
2017. Imposes duties on Commission, Legislature and electrical providers.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal
impact on state and local governments: Annual state costs of up to $4 million
for regulatory activities of the California Public Utilities Commission. These
costs would be fully offset by fee revenues. Unknown impact on state and local
costs and revenues, as the measure's impact on retail electricity rates is
uncertain.