Initiative Analyses

November 4

A.G. File No. 2011-046

The Repeal Cannabis Prohibition Act of 2012

This measure changes state law to legalize various marijuana-related activities and regulate the commercial production and sale of marijuana. Despite these changes to state law, activities related to the use of marijuana would continue to be prohibited under federal law. These federal prohibitions could still be enforced by federal agencies.

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November 4

A.G. File No. 2011-045

Fee on Prescription Narcotics to Support Consumer Safety

This measure changes state law to (1) require medical professionals that distribute prescription drugs to report patient prescription history, and (2) require manufacturers or importers of prescription drugs to pay a one-quarter cent ($0.0025) tax on each pill prescribed in the state. Revenues raised by this measure will be used to fund the CURES program.

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November 4

A.G. File No. 2011-044

Tax Oil to Fund Education Act

This measure imposes a 15 percent “severance tax” on the value of all oil and gas extracted in California or its state offshore waters, which extend out three miles from the coastline. Oil and gas produced in federal waters would be exempt, and wells capable of producing less than ten barrels per day of oil or 60,000 cubic feet of gas per day would be exempt when the value of a barrel of oil or gas from those wells was $50 or lower. The measure states that the costs of the tax may not be passed on to consumers.

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November 4

A.G. File No. 2011-043

CA Bill of Rights

The measure purports to place fundamental limitations on the state’s authority to make laws; administer programs and regulations; and raise revenues pertaining to the use of air, water, land, and other natural resources in the state.

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November 4

A.G. File No. 2011-042

The Nuclear Waste act of 2012

This initiative prohibits the generation of nuclear power in the state, including by existing power plants, until such time as the CEC finds, and the Legislature affirms, that the federal government has identified and approved a demonstrated technology for the construction and operation of nuclear fuel rod reprocessing plants and the permanent disposal of high-level nuclear waste.

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November 2

A.G. File No. 2011-041

California Human Rights Amendment

This measure amends Section 7 in Article 1 of the State Constitution to define the term person. This measure states that “the term ‘person’ applies only to all living human beings from the beginning of their biological development as human organisms—regardless of the means by which they are procreated, method of reproduction, age, race, sex, gender, physical well-being, function, or condition of physical or mental dependency and/or disability.”

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October 21

A.G. File No. 2011-040

Marijuana Penalties Act of 2012

This measure changes state law to generally decrease penalties for certain “low-level marijuana offenses” defined by the measure. Despite these changes to state law, such marijuana-related offenses would continue to be subject to imprisonment under federal law.

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October 10

A.G. File No. 2011-039

The Regulate Marijuana Like Wine Act of 2012

This measure changes state law to (1) legalize the possession, cultivation, and sale of marijuana by individuals age 21 or older, and (2) apply certain existing taxes and regulations regarding the production and sale of wine to marijuana. Despite these changes to state law, activities related to the use of marijuana would continue to be prohibited under federal law. These federal prohibitions could still be enforced by federal agencies.

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October 5

A.G. File No. 2011-035

The Savings, Accountability and Full Enforcement for California Act

This measure changes state law to (1) repeal the state’s current death penalty statute, (2) generally require murder offenders to work while in prison, and (3) provide funding for new local law enforcement grants on a limited-term basis.

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October 3

A.G. File No. 2011-034

Repeal Cannabis Prohibition Act of 2012

This measure changes state law to legalize various marijuana-related activities and regulate the commercial production and sale of marijuana. Despite these changes to state law, activities related to the use of marijuana would continue to be prohibited under federal law. These federal prohibitions could still be enforced by federal agencies.

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October 6

A.G. File No. 2011-033

The Save California's Education Act (Amendment 1S)

This measure imposes a 10 percent tax on the value of all oil and gas extracted in California or its state offshore waters, which extend out three miles from the coastline. Oil and gas produced in federal waters would be exempt, and “stripper” wells capable of producing less than ten barrels a day would be exempt if the price of oil from those wells is $50 a barrel or lower. The measure states that the costs of the tax may not be passed on to consumers and empowers a state agency to investigate attempts to “gouge” consumers.

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September 23

A.G. File No. 2011-032

Fair and Proportional Retirement for Public Officials Act of 2012

The measure intends to restrict pension and other post-employment benefits that can be received by elected and certain appointed public officials and administrators. (There would be considerable uncertainty as to how many such administrators would be subject to this measure’s provisions.) Specifically, the measure appears to require that these individuals’ pension and other post-employment benefits be determined using the same benefits and pension formulas used to calculate these benefits for the “least compensated worker category” within that official’s organization. In some cases, this may result in reductions to benefits currently offered to these officials and administrators. The various limitations described often are not clear and would be subject to considerable interpretation.

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September 23

A.G. File No. 2011-031

Politician's Personal Responsibility Act of 2012

The measure establishes an adjudicatory process to determine whether government officials and other parties have violated ethics codes or taken other actions contrary to the measure’s requirements.

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September 23

A.G. File No. 2011-030

Fair Representation and Political Financing Act (FRPFA) of 2012

The measure deems state and local elected and appointed officials, candidates, judges, some public administrators, and some private sector contractors to be “offending politicians” if they use their position to promote government policies that benefit contributors or their personal or financial interests.

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September 23

A.G. File No. 2011-029

Equal Applicability of Law Act of 2012

The measure deems state and local elected and appointed officials, candidates, judges, some public administrators, and some private sector contractors to be “offending politicians” if they propose or vote for actions that are contrary to the measure’s conflict of interest provisions.

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