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Overview: Propositions 5-8

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An at-a-glance overview of the propositions on the ballot for November 4th. Summaries of the propositions are provided by the Secretary of State's Voter Election Guide; Voter Minutes videos provided by the Center for Governmental Studies.

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Prop 5

NONVIOLENT DRUG OFFENSES. SENTENCING, PAROLE AND REHABILITATION. INITIATIVE STATUTE.

  • Allocates $460,000,000 annually to improve and expand treatment programs for persons convicted of drug and other offenses.
  • Limits court authority to incarcerate offenders who commit certain drug crimes, break drug treatment rules or violate parole.
  • Substantially shortens parole for certain drug offenses; increases parole for serious and violent felonies.
  • Divides Department of Corrections and Rehabilitation authority between two Secretaries, one with six year fixed term and one serving at pleasure of Governor. Provides five year fixed terms for deputy secretaries.
  • Creates 19 member board to direct parole and rehabilitation policy.

Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact:

  • Increased state costs over time potentially exceeding $1 billion annually primarily for expanding drug treatment and rehabilitation programs for offenders in state prisons, on parole, and in the community.
  • State savings over time potentially exceeding $1 billion annually due primarily to reduced prison and parole operating costs.
  • Net one-time state savings on capital outlay costs for prison facilities that eventually could exceed $2.5 billion.
  • Unknown net fiscal effect on county operations and capital outlay.

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Prop 6

POLICE AND LAW ENFORCEMENT FUNDING. CRIMINAL PENALTIES AND LAWS. INITIATIVE STATUTE.

  • Requires minimum of $965,000,000 each year to be allocated from state General Fund for police, sheriffs, district attorneys, adult probation, jails and juvenile probation facilities. Some of this funding will increase in following years according to California Consumer Price Index.
  • Makes approximately 30 revisions to California criminal law, many of which cover gang-related offenses. Revisions create multiple new crimes and additional penalties, some with the potential for new life sentences.
  • Increases penalties for violating a gang-related injunction and for felons carrying guns under certain conditions.

Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact:

  • Net increase in state costs that are likely within a few years to exceed $500 million annually, primarily due to increasing state spending for various criminal justice programs to at least $965 million, as well as for increased costs for prison and parole operations. These costs would increase by tens of millions of dollars annually in subsequent years.
  • Potential one-time state capital outlay costs for prison facilities that could exceed $500 million due to increases in the prison population.

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Prop 7

RENEWABLE ENERGY GENERATION. INITIATIVE STATUTE.

  • Requires utilities, including government-owned utilities, to generate 20% of their power from renewable energy by 2010, a standard currently applicable only to private electrical corporations.
  • Raises requirement for utilities to 40% by 2020 and 50% by 2025.
  • Imposes penalties, subject to waiver, for noncompliance.
  • Transfers some jurisdiction of regulatory matters from Public Utilities Commission to Energy Commission.
  • Fast-tracks approval for new renewable energy plants.
  • Requires utilities to sign longer contracts (20 year minimum) to procure renewable energy.
  • Creates account to purchase rights-of-way and facilities for the transmission of renewable energy.

Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact:

  • Increased state administrative costs of up to $3.4 million annually for the regulatory activities of the California Energy Resources Conservation and Development Commission and the California Public Utilities Commission, paid for by fee revenues.
  • Unknown impact on state and local government costs and revenues due to the measure’s uncertain impact on retail electricity rates. In the short term, the prospects for higher rates—and therefore higher costs, lower sales and income tax revenues, and higher local utility tax revenues—are more likely. In the long term, the impact on electricity rates, and therefore state and local government costs and revenues, is unknown.

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Prop 8

ELIMINATES RIGHT OF SAME-SEX COUPLES TO MARRY. INITIATIVE CONSTITUTIONAL AMENDMENT.

  • Changes the California Constitution to eliminate the right of same-sex couples to marry in California.
  • Provides that only marriage between a man and a woman is valid or recognized in California.

Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact:

  • Over the next few years, potential revenue loss, mainly from sales taxes, totaling in the several tens of millions of dollars, to state and local governments.
  • In the long run, likely little fiscal impact on state and local governments.

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RELATED RESOURCES:

Propositions 1A-4

Propositions 9-12

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