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Dead Constitution See other Dead Constitution Articles Title: Pending California Propositions Here are some of the petitions in circulation. If people are interested I could post these as they come up and we could help with circulation, or not. The first two have short dead lines but they usually come up more than once. I didn't list them all. Decriminalizes possession, cultivation, transportation, distribution, and use of marijuana or hemp. Provides persons convicted or serving time for non-violent offenses involving marijuana be immediately released from prison, jail, parole, or probation, and be eligible to have their convictions erased. Provides no permit, license, or tax be required for non-commercial cultivation, transportation, distribution, or consumption of marijuana. Allows doctors to prescribe or recommend marijuana to patients, regardless of age. Prohibits testing for marijuana for employment or insurance purposes. Bars state from aiding enforcement of certain federal marijuana laws. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Savings in the several tens of millions of dollars annually to state and local governments, which would no longer incur the costs of incarcerating and supervising certain marijuana offenders. A potential increase of a few million dollars annually in the cost of the state’s Drug Medi-Cal substance abuse treatment program. (Initiative 07-0064.) (Full Text) Changes the definition of “ballot” to exclude touchscreens and other ballots used with direct recording electronic devices. Expands definition of “ballot” to include physical objects that may be marked by voters’ physical action and can be counted through use of ordinary physical senses. Does not prohibit use of legally approved voting methods, as long as those methods produce tangible physical objects to be used for vote counting and available for voter inspection prior to casting. Requires disabled voters to be provided means to inspect their ballots that accommodate their disabilities. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: One-time costs potentially in the tens of millions of dollars to replace or alter voting equipment. (Initiative 07-0065.) (Full Text) Changes procedures for condemning property if property will not be owned and permanently used by the acquiring public entity. Requires government to prove by clear and convincing evidence that property is needed for public use and condemnation will benefit a significant segment of public with no disproportionate benefit to private person or group. Eliminates presumption in favor of government and requires issues regarding use and compensation be decided by jury. Limits condemnation to needed part of property and allows property owners who successfully defend against condemnation to recover litigation expenses. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Probably no significant net fiscal impact on state and local governments. (Initiative 07-0099.) (Full Text) Removes statutory language prohibiting teaching or school activity that “promotes a discriminatory bias” against persons based on specified characteristics. Inserts new language prohibiting teaching or school activity that “reflects adversely upon” persons based on certain characteristics, including race, sex, color, creed, disability, national origin, religion or ancestry. New language excludes sexual orientation, gender identity or behavior, or association with persons with specified characteristics. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: This measure would have no direct fiscal effect on state or local government. (Initiative 08-0001.) (Full Text) Amends Constitution to: (1) create presumption that a fetus becomes viable at 24 weeks; (2) define fetal viability to include the use of life support; (3) ban abortion of a viable fetus except where necessary to save mother’s life; and (4) give viable fetuses rights to life and medical care. Provides abortion after 24 weeks is murder unless necessary to save mother’s life. Requires taxpayers pay all legal costs proponent incurs fighting challenges to initiative. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential costs to state and local governments not likely to exceed $20 million annually after a few years for public benefit programs, legal proceedings, and incarceration. (Initiative 08-0002.) (Full Text) Amends constitution to legalize marijuana and hemp within California and to provide for broad individual constitutional rights, including rights to food, shelter, medical care, and to be free from “unreasonable” taxation. Allows marijuana to be sold in any store that sells alcohol. Establishes local boards with expansive powers, including powers to regulate and tax marijuana. Requires marijuana tax revenues support specified programs. Exempts marijuana sales profits from income tax. Forbids most testing for marijuana used outside the workplace. Prohibits most marijuana, alcohol, and tobacco advertisements. Immunizes marijuana growers and sellers from liability. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential savings of up to several tens of millions of dollars annually to state and local governments, which would no longer incur the costs of incarcerating and supervising certain marijuana offenders. Potential costs of up to the tens of millions of dollars to state and local governments to fund the one-time start-up costs of the local boards. A potentially significant increase in state and local spending on substance abuse treatment services that could possibly be partially or fully offset by revenues from this measure. Potential increased revenues in the tens of millions to low hundreds of millions of dollars annually from marijuana stamps and licenses to support specified programs and the local boards. Unknown but potentially significant increase in state and local revenues from collection of sales and use taxes on the sale of Marijuana. Unknown but potentially significant decrease in state and local revenues from taxes on tobacco and alcohol due to a prohibition of advertising for these goods that would likely result in a decline in sales. (Initiative 08-0009.) (Full Text)
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#1. To: farmfriend, *Eminent Domain* (#0)
Changes procedures for condemning property if property will not be owned and permanently used by the acquiring public entity. Requires government to prove by clear and convincing evidence that property is needed for public use and condemnation will benefit a significant segment of public with no disproportionate benefit to private person or group. Eliminates presumption in favor of government and requires issues regarding use and compensation be decided by jury. Limits condemnation to needed part of property and allows property owners who successfully defend against condemnation to recover litigation expenses. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Probably no significant net fiscal impact on state and local governments. (Initiative 07-0099.) (Full Text)
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