Initiative Analyses

March 19

A.G. File No. 2008-007

The Children’s Health Insurance and Youth Smoking Prevention Act of 2008

The average retail price of a pack of cigarettes currently is roughly $4.25 in California, including all taxes. This measure increases the existing excise tax on cigarettes by 75 cents per pack effective May 1, 2009. Existing state law requires the Board of Equalization (BOE) to increase taxes on other tobacco products—such as loose tobacco and snuff—in an amount equivalent to any increase in the tax on cigarettes. Thus, this measure would also result in a comparable increase in the excise tax on other tobacco products. All of the additional tobacco revenues (including those on other tobacco products) would be used to support various new and existing programs specified in this measure.

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March 14

A.G. File No. 2008-006

The Children’s Health Insurance and Youth Smoking Prevention Act of 2008

The average retail price of a pack of cigarettes currently is roughly $4.25 in California, including all taxes. This measure increases the existing excise tax on cigarettes by 75 cents per pack effective January 1, 2009. Existing state law requires the Board of Equalization (BOE) to increase taxes on other tobacco products—such as loose tobacco and snuff—in an amount equivalent to any increase in the tax on cigarettes. Thus, this measure would also result in a comparable increase in the excise tax on other tobacco products. All of the additional tobacco revenues (including those on other tobacco products) are intended to be used to support various new and existing programs specified in this measure.

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March 11

A.G. File No. 2008-005

The Ban on Human Cloning

This measure would amend the State Constitution to make it unlawful to perform or attempt to perform human cloning. This measure would also make it unlawful to buy, sell, transfer or receive any product of human cloning for any purpose. Furthermore, this measure would make it unlawful to buy, sell, transfer, or receive any embryo, fetus, or specified types of human cells for the purpose of human cloning. The measure would also amend the State Constitution and state law to define human cloning and certain other terms in a manner that would likely result in both reproductive cloning and therapeutic cloning being banned.

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March 11

A.G. File No. 2008-004

The Ban on Destructive Human Embryo Research

This measure would amend the State Constitution to ban “destructive research” on a human embryo and the sale or transfer of a human embryo or other specified human cells with the knowledge that the material would be used in such research. The measure would also amend the State Constitution and state law to define “destructive research” to be “medical procedures, scientific or laboratory research, or other kinds of investigation that kill or injure the subject of such research.” The measure would exempt from the definition of destructive research in vitro fertilization procedures and diagnostic procedures that may benefit the embryo.

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February 5

A.G. File No. 2008-003

The Comprehensive Safe Drinking Water, Water Supply Reliability, and Delta Restoration Act of 2008

This initiative allows the state to sell $11.7 billion in general obligation bonds for various water and conservation-related programs.

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March 12

A.G. File No. 2008-002

Ban on Killing an Unborn Baby Prior to Birth

This measure would amend the State Constitution to fefine a viable fetus as one who “has attained sufficient development of organs as to be capable of living outside the uterus of the mother, with or with-out life support,” and state that a fetus would be presumed viable at 24 weeks and prohibit abortions on viable fetuses unless the mother’s life was endangered by certain physical conditions.

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February 19

A.G. File No. 2008-001

Save Our Kids Initiative

This measure amends Section 51500 of the Education Code to remove “promotes a discriminatory bias because of a characteristic listed in Section 220” and replace it with “reflects adversely upon persons because of their race, sex, color, creed, disability, national origin, religion, or ancestry.” As a result, the measure removes the prohibition against instruction that reflects adversely or promotes discrimination against persons because of their sexual orientation.

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February 19

A.G. File No. 2007-102

The California Renewable Energy and Clean Alternative Fuel Act, Version 2

This measure allows the state to sell $6 billion in general obligation bonds for various renewable energy, alternative fuel, energy efficiency, and air emissions reduction purposes.

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February 19

A.G. File No. 2007-101

The California Renewable Energy and Clean Alternative Fuel Act

This measure allows the state to sell $5 billion in general obligation bonds for various renewable energy, alternative fuel, energy efficiency, and air emissions reduction purposes.

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February 4

A.G. File No. 2007-100

Victims’ Bill of Rights Act of 2008: Marsy’s Law

This measure amends the State Constitution and various statutes relating to (1) the legal rights of crime victims and restitution, (2) restrictions on the early release of inmates, and (3) the granting and revocation of parole.

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February 4

A.G. File No. 2007-099

Eminent Domain Protection Act

The measure amends state statutes to limit government’s authority to use eminent domain to take properties that it plans to transfer to others.

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January 22

A.G. File No. 2007-098

The Voters' Right to Protect Marriage Initiative

This measure amends the State Constitution to recognize marriage only between a man and a woman. In addition it defines a man as possessing a Y chromosome and a woman as not possessing such a chromosome. In addition, the measure prohibits the Legislature, courts, and state and local government agencies from granting the “rights, incidents, or employee benefits of marriage” to any unmarried persons or decreasing the existing marriage rights or benefits. The measure also prohibits government agencies from requiring private entities to extend the rights of marriage to unmarried persons.

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February 4

A.G. File No. 2007-097

The Victims’ Rights Protection Act of 2008: Implementation and Enforcement Tools for Victims, Prosecutors, and Judges

This measure amends the State Constitution and various statutes relating to (1) the legal rights of crime victims and restitution, (2) the pretrial release of offenders, (3) punishment of offenders in prisons and jails, (4) the granting and revocation of parole, (5) death penalty appeals and other court procedures, and (6) additional compensation and training of prosecutors.

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January 18

A.G. File No. 2007-096

The Victim’s Rights and Protection Act: Marsy’s Law (version 3)

This measure amends the State Constitution and various statutes relating to (1) the legal rights of crime victims and restitution, (2) the pretrial release of offenders, (3) punishment of offenders in prisons and jails, (4) the granting and revocation of parole, (5) death penalty appeals and other court procedures, and (6) additional compensation and training of prosecutors.

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January 18

A.G. File No. 2007-095

The Victim’s Rights and Protection Act: Marsy’s Law (version 2)

This measure amends the State Constitution and various statutes relating to (1) the legal rights of crime victims and restitution, (2) the pretrial release of offenders, (3) punishment of offenders in prisons and jails, (4) the granting and revocation of parole, (5) death penalty appeals and other court procedures, and (6) additional compensation and training of prosecutors.

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