Initiative Analyses

December 2

A.G. File No. 2013-027

The California Healthcare, Research and Prevention Tobacco Tax Act of 2014

This measure would increase the state’s cigarette excise tax from 87 cents to $2.87. The additional revenues would be used to increase funding for existing health care programs and services, tobacco-related prevention and cessation programs, law enforcement programs, medical research on tobacco-related diseases, and for other specified purposes.

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December 6

A.G. File No. 2013-025

The Marijuana Control, Legalization and Revenue Act of 2014 (Amendment #1-S)

This measure changes state law to legalize the possession, cultivation, 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.

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November 18

A.G. File No. 2013-024

California Welfare Reform Act of 2014

This measure has various provisions that (1) require additional forms of identification for public social services program applicants, (2) create an additional job placement program within the California Work Opportunity and Responsibility to Kids (CalWORKs) program, and (3) permit the Department of Social Services to work with the Department of Corrections and Rehabilitation to identify inmates that may qualify for CalWORKs assistance.

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November 14

A.G. File No. 2013-022

Medi-Cal Hospital Reimbursement Improvement Act of 2013

This measure would amend the State Constitution to restrict the Legislature's ability to amend, repeal, or replace by statute the Medi-Cal Hospital Reimbursement Improvement Act of 2013 ("Act')--current law that concerns the imposition of fees on certain private hospitals. The measure would also remove the Act's sunset provision and provide the authority for implementation of the fee to continue past the current sunset date. The measure would also amend the Constitution to specify that revenues from the fee imposed by the Act shall not be considered as revenues subject to the Proposition 98 funding requirement calculation.

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November 13

A.G. File No. 2013-021

The Fund Schools on Time Act of 2014

This measure eliminates all existing school payment deferrals and requires the state to use a specific schedule for making monthly General Fund payments to schools. Moving forward, school payments could be delayed by no more than 30 days and could not extend across the fiscal year. The measure allows the state to implement longer school payment deferrals only through a voter-approved initiative or legislation that receives three-fourths approval from both houses of the Legislature.

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November 1

A.G. File No. 2013-020

California Equal 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,’ as it is applied to all living human beings, applies to all living human beings from the beginning of their biological development as human beings (i.e., human organism), regardless of the means by which he or she was procreated, method of reproduction, age, race, sex, gender, physical well-being, function, size, level of development, environment, and/or degree of physical or mental dependency and/or disability.” Thus, this measure would confer due process and equal protection rights upon human zygotes, embryos, and fetuses.

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October 29

A.G. File No. 2013-019

Parental Notification, Child and Teen Safety, and Stop Predators Act

This measure would amend the California Constitution to generally require physicians to notify a minor's parent or guardian before performing an abortion on that minor, with certain exceptions.

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October 14

A.G. File No. 2013-018

Statewide Voter Initiative to Reform and Regulate the Timber Industry in California

This measure creates the Forest Conservation and Resource Management Department, which would have the responsibility to (1) protect and manage forests and watersheds on public land and (2) regulate timber harvesting in the state.

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October 7

A.G. File No. 2013-016

The Troy and Alana Pack Patient Safety Act of 2014—Version 2

This measure has several provisions that will (1) raise the cap on noneconomic damages for medical malpractice, (2) require reporting of suspected physician drug or alcohol impairment or failure to follow appropriate standard of care, (3) require hospitals to conduct alcohol and drug testing on physicians, and (4) require health care practitioners and pharmacists to consult the Controlled Substance Utilization Review and Evaluation System prior to prescribing or dispensing certain drugs.

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September 18

A.G. File No. 2013-014

The Free Exercise of Religion

This measure would repeal provisions of the State Constitution stating that the exercise of religious freedom does not permit acts that are licentious or that endanger the peace or safety of the state. The measure also specifies that people or organizations “using any part of the Bible’s content as authority” may freely communicate their views and prevents them from being forced to take actions that “violate their liberty of conscience, based on the Bible’s content as authority.” Finally, the measure prohibits the use of religious tests as a qualification for public office or employment or enrollment in public schools.

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September 9

A.G. File No. 2013-013

California Cannabis Hemp Act of 2014

This measure legalizes the production, sale, and use of marijuana for non-medicinal purposes, as well as legalizes the cultivation of industrial hemp. Despite these changes to state law, these activities would continue to be prohibited under federal law. Among other changes, the measure also requires the regulation of the commercial production and sale of marijuana, permits the application of an excise tax on the sale of non-medicinal marijuana, and requires the release of individuals currently in jail or prison or on probation or parole for marijuana offenses legalized by this measure.

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August 29

A.G. File No. 2013-012

Medi-Cal Funding and Accountability Act of 2014

This measure would amend the State Constitution to prohibit the Legislature from imposing a new fee or continuing the imposition of an existing fee on community hospitals (defined as general acute care hospitals licensed by the state that are not owned or operated by the federal government) for the purpose of obtaining FFP in the Medicaid Program or any other similar program unless a series of requirements are met. The measure also dictates the use of the proceeds from such a fee. Below we describe specific restrictions that would be placed in the Constitution.

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August 28

A.G. File No. 2013-011

The Troy and Alana Pack Patient Safety Act of 2014

Pursuant to Elections Code Section 9005, we have reviewed the proposed statutory initiative (A.G. File No. 13 0011) relating to medical malpractice damage awards, physician substance abuse, and the prescribing and dispensing of drugs by physicians and pharmacists.

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August 28

A.G. File No. 2013-010

The California Electrical Utility District Act

This measure creates the California Electrical Utility District, which would have the responsibility to provide electricity service to customers within the territory currently served by the three largest electricity investor-owned utilities in the state—Pacific Gas and Electric, Southern California Edison, and San Diego Gas and Electric. This new district would be governed by a board of directors that would have the authority to establish electricity rates, enforce electricity regulations and contracts, condemn for public use privately held property, and issue bonds for certain purposes.

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August 27

A.G. File No. 2013-009

The California Nuclear Waste Act

This measure immediately prohibits the generation of nuclear power in the state until such time as the CEC finds, and the Legislature affirms, that the federal government has identified and approved a demonstrated technology for 1) the construction and operation of nuclear fuel rod reprocessing plants and 2) the permanent disposal of high-level nuclear waste. The measure would result in the immediate shut down of the Diablo Canyon Nuclear Power Plant. The plant would remain shut down until such time as the conditions outlined above were met.

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