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Establishes $18 Annual Vehicle License Surcharge To Help Fund State Parks And Wildlife Programs And Grants Free Admission To All State Parks To Surcharged Vehicles. Initiative Statute

Initiatives

Establishes an $18 annual state vehicle license surcharge and grants free admission to all state parks to surcharged vehicles. Requires deposit of surcharge revenue in a new trust fund. Requires that trust funds be used solely to operate, maintain and repair the state park system, and to protect wildlife and natural resources. Exempts commercial vehicles, trailers and trailer coaches from the surcharge. Requires annual independent audit and review by citizen's oversight committee. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state revenues of about $500 million annually from the …

Prohibits The State From Taking Funds Used For Transportation Or Local Government Projects And Services. Initiative Constitutional Amendment.

Initiatives

Prohibits the State from shifting, taking, borrowing, or restricting the use of tax revenues dedicated by law to fund local government services, community redevelopment projects, or transportation projects and services. Prohibits the State from delaying the distribution of tax revenues for these purposes even when the Governor deems it necessary due to a severe state fiscal hardship. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Significant constraints on state authority over city, county, special district, and redevelopment agency funds. As a result, higher and more stable local resources, potentially affecting …

Prohibits The State From Taking Funds Used For Transportation Or Local Government Projects And Services. Initiative Constitutional Amendment

Initiatives

Prohibits the State from shifting, taking, borrowing, or restricting the use of tax revenues dedicated by law to fund local government services, community redevelopment projects, or transportation projects and services. Prohibits the State from delaying the distribution of tax revenues for these purposes even when the Governor deems it necessary due to a severe state fiscal hardship. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Significant constraints on state authority over city, county, special district, and redevelopment agency funds. As a result, higher and more stable local resources, potentially affecting …

Changes Voter Approval Requirement For Local Bonds And Taxes To 55% From Two-Thirds So Long As Accountability Requirements Met. Initiative Constitutional Amendment And Statute.

Initiatives

Changes voter approval requirement to 55% from two-thirds for local infrastructure bonds, property taxes to repay bonds where taxes exceed 1% of the property's assessed value, and certain local taxes where taxes are to be used only as voters specify. Allows 55% vote only when certain "accountability requirements" are satisfied. Prohibits state from taking local tax revenues and requires public hearings on fund use, independent audits, and citizens' oversight committees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Major increases in local government revenues and spending. Depending on local voter …

Repeals Recent Legislation That Would Allow Businesses To Carry Back Losses, Share Tax Credits, And Use A Sales-Based Income Calculation. Initiative Statute

Initiatives

Repeals recent legislation that would allow businesses to shift operating losses to prior tax years, and would allow corporations to share tax credits with affiliated corporations, to lower taxable income. Repeals recent legislation that would allow multistate businesses to use a sales-based income calculation, rather than a combination property-, payroll- and sales-based income calculation, to reduce taxable income. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Annual state revenue increase from business taxes of about $1.7 billion when fully phased in, beginning in 2011-12.

New Trends In Global Outsourcing Of Commercial Surrogacy: A Call For Regulation, Ruby L. Lee

UC Law SF Journal on Gender and Justice

In a time where advancement of reproductive technologies evolve in a rapid pace beyond the ability of the government to anticipate public social costs associated with it; this Note seeks to address the legal, policy and ethical challenges surrounding commercial surrogacy - particularly from a global context. First, this Note explores India's role in commercial surrogacy, as a case study, to understand the growing global demand for surrogacy arrangements in countries that do not regulate commercial surrogacy. Second, this Note reviews comparatively the weaknesses in existing commercial surrogacy laws among some of the European Union states and the United States. …

Renegotiation Of Public Employee Pension Contracts. Initiative Constitutional Amendment.

Initiatives

Eliminates certain state constitutional restrictions on renegotiating public employee pension contracts. Allows vested pension benefits to be reduced for existing and prospective public-sector retirees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Possible reduction in pension costs for state and local governments, depending on future actions by state and local governments and courts. Any such reduction likely would be largely or entirely offset by negotiated increases in other costs, such as employee salaries and wages. (08-0018, Amdt. #1S.)

The Water Nectar, And The Rocks Pure Gold: Finding A Legal Structure To Facilitate Necessary Change In California's Jewel, The Delta, Kakuti M. Lin

UC Law Journal

The Sacramento-San Joaquin Bay-Delta region is unique in terms of its natural resources and disproportionate economic impact on the State of California. Several aspects of its history have also given rise to unusual legal problems affecting property rights in both land and water. The fragility of the current levee and water supply systems, along with the many different public and private parties with interests at stake, combine to make an untenable situation that has been difficult to change. This Note explores some possible legal consequences of the way in which the region developed, and describes property rights transfer systems applicable …

Transitions To Justice: Prisoner Reentry As An Opportunity To Confront The Counteract Racism, Adrienne Lyles-Chockley

UC Law Journal of Race and Economic Justice

This article discusses the issues facing formerly incarcerated individuals upon reentry from prison into their communities, focusing primarily on the unique challenges faced by African-American males. The article first highlights the strong correlation between incarceration and race: People of color make up a disproportionate percentage of the U.S. prison population, are more likely to receive harsh prison sentences, and are less likely to be found eligible for parole. The article focuses specifically on the challenges facing African-American males as they exit prison and attempt to reenter a society where they will face institutional racism in multiple forms and on multiple …

State Budget. Changes California Budget Process. Limits State Spending. Increases "Rainy Day" Budget Stabilization Fund.

Propositions

STATE BUDGET. CHANGES CALIFORNIA BUDGET PROCESS. LIMITS STATE SPENDING. INCREASES “RAINY DAY” BUDGET STABILIZATION FUND. Increases size of state “rainy day” fund from 5% to 12.5% of the General Fund. A portion of the annual deposits into that fund would be dedicated to savings for future economic downturns, and the remainder would be available to fund education, infrastructure, and debt repayment, or for use in a declared emergency. Requires additional revenue above historic trends to be deposited into state “rainy day” fund, limiting spending. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: Higher state tax …

Education Funding. Payment Plan.

Propositions

EDUCATION FUNDING. PAYMENT PLAN. Requires supplemental payments to local school districts and community colleges to address recent budget cuts. Annual payments begin in 2011-12. Payments are funded from the state’s Budget Stabilization Fund until the total amount has been paid. Payments to local school districts will be allocated in proportion to average daily attendance and may be used for classroom instruction, textbooks and other local educational programs. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: Fiscal impact would depend on how current constitutional provisions would otherwise be interpreted. Potential state savings of up to several …

Protects Children's Services Funding. Helps Balance State Budget

Propositions

PROTECTS CHILDREN’S SERVICES FUNDING. HELPS BALANCE STATE BUDGET. Provides more than $600 million to protect children’s programs in difficult economic times. Redirects existing tobacco tax money to protect health and human services for children, including services for at-risk families, services for children with disabilities, and services for foster children. Temporarily allows the redirection of existing money to fund health and human service programs for children 5 years old and under. Ensures counties retain funding for local priorities. Helps balance state budget. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: State General Fund savings of up …

Voter Information Guide For 2009, Special Election

Propositions

No abstract provided.

Lottery Modernization Act.

Propositions

LOTTERY MODERNIZATION ACT. Allows the state lottery to be modernized to improve its performance with increased payouts, improved marketing, and effective management. Requires the state to maintain ownership of the lottery and authorizes additional accountability measures. Protects funding levels for schools currently provided by lottery revenues. Increased lottery revenues will be used to address current budget deficit and reduce the need for additional tax increases and cuts to state programs. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: Impact on 2009-10 State Budget: Allows $5 billion of borrowing from future lottery profits to help balance …

Elected Officials' Salaries. Prevents Pay Increases During Budget Deficit Years.

Propositions

ELECTED OFFICIALS’ SALARIES. PREVENTS PAY INCREASES DURING BUDGET DEFICIT YEARS. Encourages balanced state budgets by preventing elected Members of the Legislature and statewide constitutional officers, including the Governor, from receiving pay raises in years when the state is running a deficit. Directs the Director of Finance to determine whether a given year is a deficit year. Prevents the Citizens Compensation Commission from increasing elected officials’ salaries in years when the state Special Fund for Economic Uncertainties is in the negative by an amount equal to or greater than one percent of the General Fund. Summary of Legislative Analyst’s Estimate of …

San Fransisco Public Housing As An Avenue For Empowerment: The Case For Spirited Compliance With Tenant Participation Requirements, Nicole Schmidt

UC Law Journal of Race and Economic Justice

This note examines the spirit and letter of statutes aimed at improving the state of public housing in America, focusing on the realities of the San Francisco Housing Authority's jurisdiction. The Quality Housing and Work Responsibility Act of 1998 devolved responsibility for public housing administration to local housing authorities and in turn required that each jurisdiction submit an Annual Plan detailing all aspects of the local housing programs. In addition, the Act required that Resident Advisory Boards be established to gather information and concerns from tenants and present them to local authorities for consideration and comment. The vague language of …

Loo Law: The Public Washroom As A Hyper-Regulated Place, Irus Braverman

UC Law SF Journal on Gender and Justice

The article suggests that the public washroom is the most regulated of all common spaces in the United States. It offers several possible explanations for this hyper-juridical attention. First and foremost, the article argues that such hyper regulation of the public washroom has to do with the sanitary and moral significance of this space. Secondly, it argues that the intensity of washroom regulation is due to its ambiguous public/private properties. Finally, the articie suggests that the intense regulation of the public washroom is the result of physio-anatomical functions performed in it.

The Constitutionalization Of Self-Defense In Tort And Criminal Law, Grammatically-Correct Originalism, And Other Second Amendment Musings, Alan Brownstein

UC Law Journal

The Supreme Court's opinion in Heller raises numerous questions. One of these is whether Heller requires the constitutionalization of self-defense decisions in tort and criminal law. Put simply, if the Second Amendment protects an individual's right "to keep and bear" the means to exercise self-defense, as Heller holds, can the Court avoid extending some level of constitutional protection to the act of self-defense itself? Answering this question in the affirmative leads to other issues. The justification of self-defense is grounded on an ad hoc evaluation of the reasonableness of the defendant's conduct. That analysis may be appropriate for tort or …

Transnational Wiretaps And The Fourth Amendment, Kristopher A. Nelson

UC Law Constitutional Quarterly

The Fourth Amendment protects Americans within the borders of the United States, but its applicability outside American territory is less clear. This Note maintains that Fourth Amendment protections should cover wiretap evidence seized abroad, not just that gathered domestically. These protections should apply whenever a prosecutor seeks to admit such evidence in criminal prosecutions in the United States. Such protections are fundamental whenever the government acts to gather or use evidence, whether that evidence was obtained outside the territorial jurisdiction of the United States or not.

The practical application of these protections for evidence gathered abroad presents problems, however. For …

Second Amendment Limitations And Criminological Considerations, Don B. Kates, Clayton E. Cramer

UC Law Journal

Criminological studies which identify perpetrator characteristics are unanimous in finding that almost all murderers fall into three categories: (i) the mentally disturbed, and/or (2) adults with criminal records, and/or (3) juveniles with juvenile records. Many murder perpetrators exhibit two or all three characteristics. Thus laws such as the ones Heller invalidated that seek to disarm the general population have minimal value and deprive victims of the means of self-defense.

The Second Amendment does not guarantee: (i) weapons of indiscriminate destructiveness such as cannons, (2) any right of violent felons or of other felons whom legislatures reasonably identify as likely to …

Hiding Behind The Corporate Veil: A Guide For Non-Profit Corporations With For-Profit Subsidiaries, Seong J. Kim

UC Law Business Journal

The non-profit sector is ripe for abuse due to non-profit organizations' unique regulatory positions, favorable tax treatment, and potential to earn large profits. For example, private foundations have become large repositories of untaxed wealth that accumulate great economic power. Additionally, dozens of non-profit directors and executives are also officers of outside companies that engage in business activities with non-profit organizations. This article addresses an emerging and complex problem surrounding non-profit corporations: whether or not a party should be able to pierce the corporate veil of a non-profit corporation for actions of their for-profit subsidiary. It also looks at the underlying …

Four Exceptions In Search Of A Theory: District Of Columbia V. Heller And Judicial Ipse Dixit, Carlton F. W. Larson

UC Law Journal

This Symposium Essay examines the Supreme Court's Second Amendment decision in District of Columbia v. Heller. Specifically, the Essay examines four exceptions to the right to bear arms that the Court specifically approved: (i) laws disarming felons, (2) laws disarming the mentally ill, (3) laws prohibiting the possession of firearms in sensitive places, and (4) laws regulating the commercial sale of firearms. The Essay argues that these exceptions cannot be completely justified on originalist grounds, at least under the form of originalism that the Court is likely to employ. The Court's approach seems to require specific historical justifications for the …

Heller, High Water (Mark)? Lower Courts And The New Right To Keep And Bear Arms, Brannon P. Denning, Glenn H. Reynolds

UC Law Journal

In the wake of District of Columbia v. Heller, lower courts have entertained a number of challenges to myriad federal, state, and local gun-control laws. Not surprisingly, given language in Heller seemingly intended to forestall some claims, courts have not, to date, invalidated federal or state gun-control laws that fall short of D.C.'s near-prohibition on private gun ownership. While the lower court cases to date confirm our earlier predictions that lower courts would not run wild with Heller, it is not clear that Heller was a purely symbolic victory either. Governments now find themselves legislating in the shadow of Heller; …

Supply Restrictions At The Margins Of Heller And The Abortion Analogue: Stenberg Principles, Assault Weapons, And The Attitudinalist Critique, Nicholas J. Johnson

UC Law Journal

Through a consideration of the assault weapons question, this Article engages the criticism that District of Columbia v. Heller provides an insufficient standard for resolving many questions that emerge under the newly-clarified Second Amendment. After arguing that assault weapons might enjoy threshold protection under Heller's common-use test, the Article shows how the principles grounding the Supreme Court's abortion jurisprudence are especially suited for resolving aspects of the question that Heller does not explicitly answer. Particularly, this Article shows how constitutional protection of the best methodology for preserving life or health-advanced by the liberal wing of the Court in abortion jurisprudence-is …

The Procedural Annihilation Of Structural Rights, Steven G. Gey

UC Law Journal

For several years, the Supreme Court has been systematically erecting obstacles to the litigation of constitutional claims in federal court. Although this trend toward limiting federal court authority affects all types of constitutional claims, including those involving traditional individual constitutional rights, the most serious effect is on what can be called "structural rights." The term "structural rights" describes constitutional provisions that are designed to protect the basic nature of democratic government. These provisions constrain the power of the elected branches of government, preserve citizen autonomy, and otherwise ensure that political winners in the democratic process do not use their power …

Boumediene V. Bush And Extraterritorial Habeas Corpus In Wartime, Riddhi Dasgupta

UC Law Constitutional Quarterly

How did the United States Supreme Court in Boumediene v. Bush conclude that the detention facility in Guantdnamo Bay, Cuba is indeed American territory for the purpose of habeas corpus? Why did the Court extend habeas to non-citizens as well? Which legal provisions and precedents guided the Supreme Court's analysis? The United States Constitution's Suspension Clause, precluding the suspension of habeas corpus except in well defined and discrete national security urgencies, is the controlling trump card raised by the detainees. This Commentary sets the stage for a multivariable conversation about the interplay among separation of powers, rejection of executive supremacy, …

The Bill Of Rights And The States Revisited After Heller, Michael Kent Curtis

UC Law Journal

In this Article, Professor Curtis discusses textual and historical support for application of the Bill of Rights to the States, the mess the Supreme Court made of application in its early cases, and the implication of application for the right to bear arms. Finally, he notes the likely irony of application of the Second Amendment to the states by "conservative" Justices. Application will be ironic in light of harsh past criticism of application by so many who characterized themselves as "conservative." After application, the emerging and very difficult issue will be the deference the Court gives to state and local …