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October 9, 2012 > STATE PROPOSITIONS

STATE PROPOSITIONS

PROPOSITION 30: TEMPORARY TAXES TO FUND EDUCATION. GUARANTEED LOCAL PUBLIC SAFETY FUNDING (Initiative Constitutional Amendment - requires majority approval)

Should the California Constitution be amended to (a) temporarily increase sales and personal income tax rates; (b) guarantee certain revenue transfers to local governments; and (c) eliminate state funding of certain mandates to local governments?

YES vote means the state would increase personal income taxes on annual earnings over $250,000 for seven years; increase sales and use taxes by 1/4 cent for four years; direct temporary tax revenues to K-12 schools (89 percent) and to community colleges (11 percent) and gives school governing boards discretion on how funds are spent (administrative costs are not permitted); provides guaranteed funding for public safety services realigned from state to local governments.

NO vote means no increases in personal income taxes or sales taxes. State budget cuts, primarily for education, would take effect in FY 2012-13.

PROPOSITION 31: STATE BUDGET. STATE AND LOCAL GOVERNMENT (Initiative Constitutional Amendment and Statute - requires majority approval)

Should the state constitution and law be amended to require government performance reviews and two-year budget cycles, to prohibit the Legislature from creating certain expenditures unless offsetting revenues or spending cuts are identified, and to make changes in certain responsibilities of local government, the Legislature and the Governor?

YES vote would establish a two-year state budget cycle; prohibit the Legislature from creating expenditures exceeding $25M without offsetting revenues or spending cuts; allow the Governor to cut the budget unilaterally during declared fiscal emergencies if the Legislature fails to act; require performance reviews of all state programs; require performance goals in state and local budgets; require publication of bills at least three days before a legislative vote; allow local governments, including regional governmental agencies such as MTC, ABAG, BAAQMD and BCDC, greater authority by altering how laws governing state-funded programs apply to them, unless the Legislature or state agency vetoes the change within 60 days.

NO vote means the fiscal responsibilities of the Legislature and Governor, including state and local budgeting and oversight procedures, remain unchanged. Local governments would not receive funding to implement new plans that coordinate services or the authority to develop their own procedures for administering state programs.

PROPOSITION 32: POLITICAL CONTRIBUTIONS BY PAYROLL DEDUCTION. CONTRIBUTIONS TO CANDIDATES (Initiative Statute - requires majority approval)

Should unions, corporations, government contractors and state and local government employers be prohibited from using payroll-deducted funds, or in some instances their own funds, for political expenditures?

YES vote would prevent unions, corporations and government contractors from using payroll-deducted funds for political purposes; allow voluntary employee contributions to an employer-sponsored committee or union subject to annual, written authorization; ban unions and corporations from contributing directly or indirectly to candidates and candidate-controlled committees; not restrict other political expenditures, including corporate expenditures from available resources exempt from payroll-deduction prohibition; stop government contractor contributions to elected officers or officer-controlled committees.

NO vote means existing laws regulating the ability of unions and corporations to use deductions from employees' pay for political purposes would remain unchanged. Unions, corporations and government contractors would continue to be subject to existing campaign finance laws.

PROPOSITION 33: AUTO INSURANCE COMPANIES. PRICES BASED ON DRIVER'S HISTORY OF INSURANCE COVERAGE (Initiative Statute - requires majority approval)

Should automobile insurance companies be permitted to offer a discount to drivers who have continuously maintained their insurance coverage, even if they change their insurance company?

YES vote means insurance companies could offer new customers discounted automobile insurance premiums based on the number of years in the previous five years that the customer was insured. Insured motorists would be able to change insurance companies and not lose their discount.

NO vote means insurers could continue to provide discounts to their existing, long-term automobile insurance customers but could not offer a discount to new customers moving from other insurers.

PROPOSITION 34: DEATH PENALTY (Initiative Statute - requires majority approval)

Should the death penalty be repealed and replaced with life imprisonment without possibility of parole when someone is convicted of murder with specified special circumstances?

YES vote would repeal the death penalty as the maximum punishment for murder and replace it with life imprisonment without possibility of parole; would apply retroactively to persons already sentenced to death; require those found guilty of murder to work while in prison as prescribed by the Department of Corrections and Rehabilitation, with their wages subject to deductions for any victim restitution fines or orders against them; allocate $100M to law enforcement agencies for homicide and rape investigation.

NO vote means convicted murderers could continue to receive the death sentence. The status of offenders already sentenced to death would not change. The state would not allocate additional grant funding to local law enforcement agencies.

PROPOSITION 35: HUMAN TRAFFICKING. PENALTIES (Initiative Statute - requires majority approval)

Should the definition of human trafficking be expanded, penalties for traffickers be increased, convicted sexual traffickers be required to register as sex offenders, and additional training for law enforcement officers be required?

YES vote would increase criminal penalties for human trafficking, including prison sentences up to 15-years-to-life and fines up to $1.5M with fines funding victim services and law enforcement; require anyone convicted of trafficking to register as sex offender; require sex offenders to disclose information about Internet access and identities they use in online activities; prevent evidence that the victim engaged in sexual conduct from being used against the victim in court; require human trafficking training for police officers.

NO vote means existing criminal penalties for human trafficking would remain in effect.

PROPOSITION 36: THREE STRIKES LAW. REPEAT FELONY OFFENDERS. PENALTIES (Initiative Statute - requires majority approval)

Should California law be amended to provide that a life sentence should not be imposed for a third felony conviction unless the third conviction is for a serious or violent felony?

YES vote would revise three strikes law to impose a life sentence only when the new felony conviction is serious or violent; authorize re-sentencing for offenders serving life if the third-strike conviction was not serious or violent and the judge determines the sentence does not pose an unreasonable risk to public safety; continues to impose a life-sentence penalty if the third-strike conviction was for certain non-serious, non-violent sex or drug offenses or involved firearm possession; maintain life-sentence penalty for felons with non-serious, non-violent third strike, if prior convictions were for rape, murder or child molestation. In summary, some criminal offenders, with two prior serious or violent felony convictions, who commit certain non-serious, non-violent felonies, would receive shorter state prison sentences. Also, some offenders, with two prior serious or violent felony convictions, who are serving life sentences for many non-serious, non-violent felony convictions, could be re-sentenced to shorter prison terms.

NO vote means offenders, with two prior serious or violent felony convictions, who commit a new felony could continue to receive life sentences. Additionally, offenders with two prior serious or violent felony convictions who are serving life sentences for non-serious, non-violent felonies would continue to serve the remainder of their life sentences.

PROPOSITION 37: GENETICALLY ENGINEERED FOODS. LABELING (Initiative Statute - requires majority approval)

Should labeling be required on foods containing genetically modified ingredients when such foods (whether raw or processed, plant or animal) are offered for sale to consumers in California?

YES vote means genetically engineered foods sold in California would have to be specifically labeled as being genetically engineered. Exempt foods: certified organic; unintentionally produced with genetically engineered material; made from animals fed or injected with genetically engineered material but not genetically engineered themselves; processed with or containing only small amounts of genetically engineered ingredients; administered for treatment of medical conditions; sold for immediate consumption such as in a restaurant; or alcoholic beverages.

NO vote mean continued absence of specific labeling requirements for genetically engineered foods sold in California.

PROPOSITION 38: TAX TO FUND EDUCATION AND EARLY CHILDHOOD PROGRAMS (Initiative Statute - requires majority approval)

Should California's personal income tax rates be increased during 2013-24 to provide funds for public schools, early childhood education programs, and state debt payments?

YES vote would increase personal income tax rates on annual earnings over $7,316, starting at 0.4 percent for the lowest incomes to 2.2 percent on earnings over $2.5M for 12 years; allocate K-12 schools 60 percent of the revenues, repayment of state debt, 30 percent, and early childhood programs, 10 percent, during the first four years. Thereafter, K-12 schools receive 85 percent and early childhood programs, 15 percent. K-12 allocations would made on a school-specific, per-pupil basis, subject to local control, audits, and public input. Prevents State from directing new funds.

NO vote means State personal income tax rates remain unchanged; no additional funding for schools, child care, pre-school or state debt payments.

PROPOSITION 39: TAX TREATMENT FOR MULTISTATE BUSINESSES, CLEAN ENERGY AND ENERGY EFFICIENCY FUNDING (Initiative Statute - requires majority approval)

Should the California tax code be changed to require multistate firms to pay income taxes based on a percentage of their sales in California, with roughly half of the resulting tax increase to be used to fund clean/efficient energy projects for five years?

YES vote would require multistate businesses to calculate their California income tax liability based on the percentage of their sales in California; repeal existing legislation that gives multistate businesses an option to choose a tax liability formula that provides favorable tax treatment for businesses with property and payroll outside California; dedicate $550M annually for five years from anticipated increase in revenue to fund projects that create energy efficiency and clean energy jobs in California.

NO vote means most multistate businesses could continue to choose one of two methods to determine their California taxable income.

PROPOSITION 40: REDISTRICTING. STATE SENATE DISTRICTS (Referendum - requires majority approval)

Should the current state Senate districts be retained?

YES vote means the state Senate district boundaries certified by the Citizens Redistricting Commission, following Census 2010, would continue to be used with no fiscal effect on state or local governments.

NO vote means the California Supreme Court would appoint officials adjust new state Senate district boundaries. The state would incur a one-time cost of approximately $500,000 to establish new Senate districts. Counties would incur one-time costs of about $500,000 statewide to for new precinct maps and related election materials for the new districts.

LOCAL MEASURES

CHABOT-LAS POSITAS COMMUNITY COLLEGE DISTRICT
MEASURE I (SPECIAL PARCEL TAX MEASURE) (requires 2/3 voter approval)

To provide Chabot and Las Positas Community Colleges funds that cannot be ' taken by the state, ensure affordable quality education, prepare students for university transfer, maintain job training in healthcare, technology, public safety, and other areas, uphold core academics, and preserve student support services, shall Chabot-Las Positas Community College District levy $28 per parcel annually for six years with Citizens' Oversight, no money for permanent salaries, and all funds spent on local colleges?"

YES vote means approval, for six years, of a special parcel tax of $28.00) on each parcel within the District annually, beginning July 1, 2013.

NO vote means rejection of the District's special parcel tax.

OHLONE COMMUNITY COLLEGE DISTRICT
MEASURE K (ELECTION OF TRUSTEES BY AREA VOTERS) (requires simple majority vote)

For the election of governing board members of the Ohlone Community College District, shall members residing in each trustee area be elected by the registered voters in that trustee area?

YES vote means approval to change the election of Board trustees from "at-large" to "by-area." Under the "by-area" election, only the registered voters of Area 1 will vote for candidates residing in Area 1 (City of Newark, as well as the Fremont and Union City precincts west of I-880). Only registered voters of Area 2 will vote for candidates residing in Area 2 (Fremont and Union City precincts east of I-880).

NO vote means Board trustees will continue to serve "at-large" and the District's registered voters will continue to vote for all candidates of the District's governing board

SAN LEANDRO UNIFIED SCHOOL DISTRICT
MEASURE L (SPECIAL PARCEL TAX MEASURE) (requires 2/3 voter approval)

To offset severe State budget cuts with emergency funding that cannot be taken by Sacramento; protect core academic math/science/reading programs and student safety; keep libraries open; retain quality teachers; maintain classroom computers, instructional technology, PE, art, music and class size; shall San leandro Unified School District levy $39/year on single family homes and rates on commercial/other types of parcels, for five years, with annual audits, citizens oversight, senior exemptions, and no money for administrator salaries?

YES vote means approval, for five years, of special parcel tax rates ($39 for single-family homes) to maintain services within San Leandro Unified School District.

NO vote means no authorization for San Leandro Unified School District to levy the special parcel tax.

WASHINGTON TOWNSHIP HEALTH CARE DISTRICT
Measure Z (RAPID LIFESAVING EMERGENCY CARE (Bond measure - requires 2/3 voter approval)

To provide rapid, lifesaving emergency medical care to our local community by expanding Emergency/Intensive Care units and other facilities, provide the latest lifesaving medical technologies and facilities for treating heart disease, stroke, diabetes, cancer and other diseases, reduce overcrowding and wait times and to enable Washington Hospital to become a designated Trauma Center, shall Washington Township Health Care District issue $186,000,000 of bonds with an independent citizens' oversight committee, annual audits, and no proceeds going towards administrative salaries?

YES vote means approval for the District to issue and sell bonds of up to $186M to enable Washington Hospital to become a designated Trauma Center.

NO vote means no authorization for Washington Township Health Care District to raise bond funding.

ALAMEDA COUNTY
MEASURE A1 (OAKLAND ZOO HUMANE ANIMAL CARE/EDUCATION PROTECTION MEASURE) (requires 2/3 voter approval)

To maintain/upgrade humane animal care and basic needs (food, medical, heating, cooling, safe enclosures); retain veterinarians/animal specialists; care for wounded/endangered animals; support wildlife conservation; maintain children's educational, nature/science programs, field trips; and keep entrance fees affordable; shall Alameda County levy a tax of $12/parcel annually for residential parcels and comparable commercial/industrial rates, with low-income senior exemptions, mandatory audits, and citizens' oversight?

YES vote means approval, for 25 years, of a special parcel tax, annually. $12 per parcel for single-family residential and multi-family residential parcels; $72 per parcel for non-residential parcels.

NO vote means rejection of a County-wide special parcel tax for Oakland Zoo.

ALAMEDA COUNTY
MEASURE B1 (TRANSPORTATION COMMISSION SALES TAX MEASURE) (requires 2/3 voter approval)

Shall a new Transportation Expenditure Plan be implemented to address current and future transportation needs that: * Improves transit access to jobs and schools; * Fixes roads, improves highways and increases bicycle and pedestrian safety; * Reduces traffic congestion and improves air quality; * Keeps senior, youth, and disabled fares affordable. Approval extends the existing County sales tax and increases it by 1/2 cent, with independent oversight, local job creation programs. No money can be taken by the state.

YES vote means 1) extending, in perpetuity, the existing half-cent (0.5 percent) transportation sales tax which is due to expire in March 2022; 2) increasing to the transportation sales tax by a half-cent (0.5 percent), facilitated by AB 1086 (Wieckowski, D-Fremont), for a total tax of one percent; and 3) authorizing the Alameda County Transportation Commission to issue limited tax bonds.

NO vote means the Alameda County Transportation Commission will not be authorized to extend and increase the sales tax or issue tax bonds to fund transportation investment and improvement projects and mobility programs identified in the Commission's 30-year Transportation Expenditure Plan.

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