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From the Desk of Mary Ervin, CFRW President
Submitted by Jeanne Solnordal, CFRW Legislative Analyst
August 28, 2023
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INITIATIVES
Here is an initiative recently filed that is getting a lot of REPUBLICAN attention (a trio)
BELL, MCANDREWS & HILTACHK, LLP
ATTORNEYS AND COUNSELORS AT LAW
45S CAPITOL MALL, SUITE 600 SACRAMENTO, CALIFORNIA 95814
(916) 442-7757
FAX (916) 442-7759
www.bmhlaw.com
August 22, 2023
Initiative 23-0017
Anabel Renteria Initiative Coordinator
Office of the Attorney General State of California
PO Box 994255
Sacramento, CA 94244-25550
Re: Request for Title and Summary for Proposed Initiative
Dear Initiative Coordinator:
With this letter I submit a proposed statewide ballot measure in accordance with Article II of Section 10(d) qf the California Constitution, entitled “The Homelessness, Drug Addiction, and Theft Reduction Act.” I am the proponent of the measure and a registered voter in the State of California. Please prepare a circulating title and summary of the measure as provided by law.
Enclosed with this letter and text of the proposed measure is a check in the amount of $2,000 and the affidavits required by the Elections Code.
For purposes of inquiries from the public and the media, please direct them as follows:
Thomas W. Hiltachk
455 Capitol Mall, Suite 600
Sacramento, CA 95814
916-442-7757
Thank you for your time and attention processing my request.
Thomas W. Hiltachk
March 5, 2024, Statewide Ballot Measures
SCA 2 (Allen) Public housing projects. (Res. Ch. 182, 2022) (PDF)
Senate Constitutional Amendment No. 2 RESOLUTION CHAPTER 182 Senate Constitutional Amendment No. 2—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by repealing Article XXXIV thereof, relating to public housing projects. [Filed with Secretary of State September 13, 2022.] legislative counsel’ s digest SCA 2, Allen. Public housing projects. The California Constitution prohibits the development, construction, or acquisition of a low-rent housing project, as defined, in any manner by any state public body until a majority of the qualified electors of the city, town, or county in which the development, construction, or acquisition of the low-rent housing project is proposed approve the project by voting in favor at an election, as specified. This measure would repeal these provisions. Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2021–22 Regular Session commencing on the seventh day of December 2020, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows: That Article XXXIV thereof is repealed.
ACA 5 (Low) Marriage equality. (Res. Ch. 125, 2023) (PDF)
Assembly Constitutional Amendment No. 5 RESOLUTION CHAPTER 125 Assembly Constitutional Amendment No. 5—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by repealing and adding Section 7.5 of Article I thereof, relating to rights. [Filed with Secretary of State July 20, 2023.] legislative counsel’ s digest ACA 5, Low. Marriage equality. The California Constitution provides that only a marriage between a man and a woman is valid or recognized in California, and federal law permanently enjoins the state from enforcing this constitutional provision. This measure would repeal this unenforceable constitutional provision and would instead provide that the right to marry is a fundamental right, as specified. WHEREAS, Courts have recognized that same-sex couples and interracial couples have the right to marry; and WHEREAS, This measure, if approved by the voters, would repeal language in the California Constitution stating marriage is only between a man and woman; and WHEREAS, This measure, if approved by the voters, would amend the California Constitution to include the fundamental right to marry as furthering the rights to enjoy life, liberty, safety, happiness, and privacy, and the rights to equal protection and due process; now, therefore, be it Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2023–24 Regular Session commencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows: First—That Section 7.5 of Article I thereof is repealed. Second—That Section 7.5 is added to Article I thereof, to read: SEC. 7.5. (a) The right to marry is a fundamental right. (b) This section is in furtherance of both of the following: (1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1. (2) The rights to due process and equal protection guaranteed by section 7.
Initiatives and Referenda Cleared for Circulation
1943. (23-0001)
CONSTITUTIONAL REQUIREMENTS ON PUBLIC EDUCATION. INITIATIVE CONSTITUTIONAL AMENDMENT.
Summary Date: 05/30/23 | Circulation Deadline: 11/27/23 | Signatures Required: 874,641
Proponent(s): James J. Cowie
Amends California Constitution to require the state and its school districts to “provide a high-quality public education to all public school students,” the requirements of which are not defined and will depend on how the measure is implemented by the Legislature, state agencies, and public schools (including charter schools), and interpreted by court decisions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: No direct fiscal effects on the state or public schools because the measure does not require any change to current policies or programs. Depending on how the measure is legally interpreted by the courts and implemented by the state and public schools, there could be fiscal effects that are unknown and highly uncertain. (23-0001)
1944. (23-0002)
CONSTITUTIONAL REQUIREMENTS ON PUBLIC EDUCATION. INITIATIVE CONSTITUTIONAL AMENDMENT.
Summary Date: 05/30/23 | Circulation Deadline: 11/27/23 | Signatures Required: 874,641
Proponent(s): James J. Cowie
Amends California Constitution to provide that all “school-age children have the right to attend a high-quality public school,” the requirements of which are not defined and will depend on how the measure is implemented by the Legislature, state agencies, and public schools (including charter schools), and interpreted by court decisions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: No direct fiscal effects on the state or public schools because the measure does not require any change to current policies or programs. Depending on how the measure is legally interpreted by the courts and implemented by the state and public schools, there could be fiscal effects that are unknown and highly uncertain. (23-0002)
1945. (23-0003)
CONSTITUTIONAL REQUIREMENTS ON PUBLIC EDUCATION. INITIATIVE CONSTITUTIONAL AMENDMENT.
Summary Date: 05/30/23 | Circulation Deadline: 11/27/23 | Signatures Required: 874,641
Proponent(s): James J. Cowie
Amends California Constitution to require the state and its school districts to “provide all public school students with high-quality public schools,” the requirements of which are not defined and will depend on how the measure is implemented by the Legislature, state agencies, and public schools (including charter schools), and interpreted by court decisions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: No direct fiscal effects on the state or public schools because the measure does not require any change to current policies or programs. Depending on how the measure is legally interpreted by the courts and implemented by the state and public schools, there could be fiscal effects that are unknown and highly uncertain. (23-0003)
1946. (23-0004)
DECRIMINALIZES PSILOCYBIN MUSHROOMS. INITIATIVE STATUTE.
Summary Date: 07/14/23 | Circulation Deadline: 01/10/24 | Signatures Required: 546,651
Proponent(s): Ryan Munevar
For individuals 21 and over, decriminalizes under state law the cultivation, manufacture, processing, distribution, transportation, possession, storage, sale, and personal use of psilocybin mushrooms, the hallucinogenic chemical compounds contained in them, and edible products and extracts derived from them. Allows “qualified healthcare practitioners” to use psilocybin mushrooms for research, treatment, and therapy. Requires state to implement qualification requirements and protocols for psilocybin-assisted therapy created by an unspecified “independent professional certifying body.” Authorizes sealing of criminal records for prior psilocybin-related offenses if sentence is completed. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Net reduction in costs, not likely to exceed a few million dollars annually, to state and local governments related to enforcing psilocybin-related offenses, handling the related criminal cases and sealing of records in the court system, and incarcerating and supervising people convicted of psilocybin-related offenses. Annual state costs to regulate psilocybin businesses and treatment providers, ranging from minimal to tens of millions of dollars. These costs could eventually be partially or fully offset by regulatory fee revenue. (23-0004.)
1947. (23-0005)
REPEALS VOTER-ENACTED CHANGES TO PROPERTY TAX RULES FOR TRANSFERS BETWEEN FAMILY MEMBERS. INITIATIVE CONSTITUTIONAL AMENDMENT.
Summary Date: 08/21/23 | Circulation Deadline: 02/20/24 | Signatures Required: 874,641
Proponent(s): Jon Coupal
Reinstates property tax reassessment rules for certain real property transfers between family members (including by inheritance), which voters eliminated through Proposition 19 in 2020, reducing local property tax revenues and eliminating funding source for Proposition 19’s California Fire Response Fund. Allows transfers to children (or grandchildren if parents are deceased) without property tax reassessment of: (1) principal residence, regardless of current value or continued use as principal residence; and (2) $1 million in other real property. Starting in 2025, properties assessed under Proposition 19 may be reassessed under reinstated rules. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Some owners of inherited properties would pay lower property taxes. This would reduce revenue for local governments and schools by several hundred million dollars per year in the first few years. These losses would grow over time, reaching $1.5 billion to $2 billion annually. (23-0005)
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