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Alternative Energy. Research, Production, Incentives. Tax On California Oil Producers.

Propositions

ALTERNATIVE ENERGY. RESEARCH, PRODUCTION, INCENTIVES. TAX ON CALIFORNIA OIL PRODUCERS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Establishes $4 billion program with goal to reduce petroleum consumption by 25%, with research and production incentives for alternative energy, alternative energy vehicles, energy efficient technologies, and for education and training. Funded by tax of 1.5% to 6% (depending on oil price per barrel) on producers of oil extracted in California. Prohibits producers from passing tax to consumers. Program administered by new California Energy Alternatives Program Authority. Prohibits changing tax while indebtedness remains. Revenue excluded from appropriation limits and minimum education funding (Proposition 98) calculations. …

Water Quality, Safety And Supply. Flood Control. Natural Resource Protection. Park Improvements. Bonds.

Propositions

WATER QUALITY, SAFETY AND SUPPLY. FLOOD CONTROL. NATURAL RESOURCE PROTECTION. PARK IMPROVEMENTS. BONDS. INITIATIVE STATUTE. Funds projects relating to safe drinking water, water quality and supply, flood control, waterway and natural resource protection, water pollution and contamination control, state and local park improvements, public access to natural resources, and water conservation efforts. Provides funding for emergency drinking water, and exempts such expenditures from public contract and procurement requirements to ensure immediate action for public safety. Authorizes $5,388,000,000 in general obligation bonds to fund projects and expenditures, to be repaid from the state’s General Fund. Summary of Legislative Analyst’s Estimate of …

Tax On Cigarettes.

Propositions

TAX ON CIGARETTES. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Imposes additional 13 cent tax on each cigarette distributed ($2.60 per pack), and indirectly increases tax on other tobacco products. Provides funding to qualified hospitals for emergency services, nursing education and health insurance to eligible children. Revenue also allocated to specified purposes including tobacco-use-prevention programs, enforcement of tobacco-related laws, and research, prevention, treatment of various conditions including cancers (breast, cervical, prostate, colorectal), heart disease, stroke, asthma and obesity. Exempts recipient hospitals from antitrust laws in certain circumstances. Revenue excluded from appropriation limits and minimum education funding (Proposition 98) calculations. Summary of Legislative …

Catching Up To Our Biometric Future: Fourth Amendment Privacy Rights And Biometric Identification Technology, Rudy Ng

UC Law SF Communications and Entertainment Journal

As biometric identification technology companies strive to make their products more accurate, faster, and more affordable for the mass market, the public is likely to see an increase in the use of biometrics in the future. While emerging biometric identification technology such as iris scanning and face recognition technology may be a fast, cutting-edge way for law enforcement to keep track of convicted felons and suspected terrorists, the government should not be allowed to unreasonably intrude on individual privacy rights under the Fourth Amendment. Ultimately, the legislature and the courts will need to weigh society's need to feel secure against …

90 Government Acquisition, Regulation Of Private Property.

Propositions

GOVERNMENT ACQUISITION, REGULATION OF PRIVATE PROPERTY. INITIATIVE CONSTITUTIONAL AMENDMENT. Bars state and local governments from condemning or damaging private property to promote other private projects or uses. Limits government’s authority to adopt certain land use, housing, consumer, environmental and workplace laws and regulations, except when necessary to preserve public health or safety. Voids unpublished eminent domain court decisions. Defines “just compensation.” Government must occupy condemned property or lease property for public use. Condemned private property must be offered for resale to prior owner or owner’s heir at current fair market value if government abandons condemnation’s objective. Exempts certain governmental actions. …

Political Campaigns. Public Financing. Corporate Tax Increase. Campaign Contribution And Expenditure Limits.

Propositions

POLITICAL CAMPAIGNS. PUBLIC FINANCING. CORPORATE TAX INCREASE. CAMPAIGN CONTRIBUTION AND EXPENDITURE LIMITS. INITIATIVE STATUTE. Provides that candidates for state elective office meeting certain eligibility requirements, including collection of a specified number of $5.00 contributions from voters, may voluntarily receive public campaign funding from Fair Political Practices Commission, in amounts varying by elective office and election type. Increases income tax rate on corporations and financial institutions by 0.2 percent to fund program. Imposes new limits on campaign contributions to state-office candidates and campaign committees, and new restrictions on contributions by lobbyists, state contractors. Limits certain contributions and expenditures by corporations. Summary …

Sex Offenders. Sexually Violent Predators. Punishment, Residence Restrictions And Monitoring.

Propositions

SEX OFFENDERS. SEXUALLY VIOLENT PREDATORS. PUNISHMENT, RESIDENCE RESTRICTIONS AND MONITORING. INITIATIVE STATUTE. Increases penalties for violent and habitual sex offenders and child molesters. Prohibits registered sex offenders from residing within 2,000 feet of any school or park. Requires lifetime Global Positioning System monitoring of felony registered sex offenders. Expands definition of a sexually violent predator. Changes current two-year involuntary civil commitment for a sexually violent predator to an indeterminate commitment, subject to annual review by the Director of Mental Health and subsequent ability of sexually violent predator to petition court for sexually violent predator's conditional release or unconditional discharge. Summary …

Voter Information Guide For 2006, General Election

Propositions

No abstract provided.

Transportation Funding Protection. Legislative Constitutional Amendment.

Propositions

TRANSPORTATION FUNDING PROTECTION. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Protects transportation funding for traffic congestion relief projects, safety improvements, and local streets and roads. Prohibits the state sales tax on motor vehicle fuels from being used for any purpose other than transportation improvements. Authorizes loans of these funds only in the case of severe state fiscal hardship. Requires loans of revenues from states sales tax on motor vehicle fuels to be fully repaid within the three years. Restricts loans to no more than twice in any 10-year period. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: No direct …

Disaster Preparedness And Flood Prevention Bond Act Of 2006.

Propositions

DISASTER PREPAREDNESS AND FLOOD PREVENTION BOND ACT OF 2006. This act rebuilds and repairs California's most vulnerable flood control structures to protect homes and prevent loss of life from flood-related disasters, including levee failures, flash floods, and mudslides. Protects California's drinking water supply system by rebuilding delta levees that are vulnerable to earthquakes and storms. Authorizes a $4.09 billion dollar bond act. Appropriates money from the General Fund to pay off bonds. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: State cost of about $8 billion over 30 years to pay off both the principal …

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

UC Law Journal

Two years ago, on the fortieth anniversary of Gideon v. Wainwright, the Constitution Project and the National Legal Aid & Defender Association formed a partnership-funded by several organizations -to consider the way in which the Sixth Amendment right to counsel actually functions in criminal cases throughout the United States. The concept was to create a truly national committee with participants from every relevant sector of the criminal justice system, which would conduct research throughout our country, advise our fellow citizens on the matter, and construct recommendations for reform. The authors serve as Reporters to the Committee.

The national research took …

The Rave Act: A Specious Solution To The Serious Problem Of Increased Ecstasy Distribution: Is It Unconstitutionally Overbroad, Erin Treacy

UC Law SF Communications and Entertainment Journal

The RAVE Act was designed to thwart use and distribution of the illegal street drug ecstasy by holding the owner of a nightclub or other venue criminally responsible for any illegal drug-related activities that occur at an electronic music concert held on his or her property. This article argues that the RAVE act is unconstitutionally overbroad because it has a real and substantial impact on the First Amendment rights of electronic music concert performers and attendees. The article further argues that the RAVE act has driven electronic music concerts underground, making them less regulated than if held in legitimate commercial …

Headscarf Stories, Ian Ward

UC Law SF International Law Review

The seemingly intractable issue of headscarves - when they can be worn, and when they cannot - is currently contested in much of Europe. The apparent intractability is a common experience. The purpose of this article is to present three headscarf 'stories,' and in so doing, stress the narrative nature of this intensely moral and political, as well as legal, controversy. Narrativity, it will be suggested, offers a far more effective means of approaching this kind of issue and its inevitable indeterminacies than the simple recourse to blunt legal instrumentation. While the law must, it seems, play a role in …

Amending Its Anti-Paparazzi Statute: California's Latest Baby Step In Its Attempt To Curb The Aggressive Paparazzi, Lisa Vance

UC Law SF Communications and Entertainment Journal

The financial rewards of celebrity photos have driven the paparazzi to increasingly dangerous tactics, often endangering celebrities and others in their pursuit of a valuable photo. In response to this danger, California amended its anti-paparazzi statute in 2005. The amended statute provides stiff penalties, including punitive and treble damages, and allows a celebrity to recover these damages for assault. However, assault requires the intent to cause apprehension of imminent contact, and much of the outrageous conduct of the paparazzi does not evidence this sort of intent. If California is serious about curbing improper behavior by the paparazzi, it should penalize …

Faulting San Andreas: The Call To Arms For Sensible Regulation Of Violent Video Games, Jessica Williams

UC Law SF Communications and Entertainment Journal

Video game violence has escalated to shocking limits. Murder and sex are glorified in modern games. California Assembly Bill 1179 is the latest attempt to curb the sale of video games encouraging this type of violence. Because it is improbable that current social science research will be able to prove the causal connections necessary to satisfy the Brandenburg standard for regulating free speech, AB 1179 violates the First Amendment rights of California's citizens. In the future, increased parental controls and the Entertainment Software Ratings Board's active role in enforcing compliance with its rating system will be the most effective means …

The Court Of Disbelief: The Constitution's Article Vi Religious Test Prohibition And The Judiciary's Religious Motive Analysis, Francis J. Beckwith

UC Law Constitutional Quarterly

In several federal cases concerning whether particular statutes or policies violate the First Amendment's prohibition of religious establishment, both the United States Supreme Court and other federal courts have rejected the constitutionality of these laws and policies on the grounds that they have an exclusively religious purpose. Part of the courts' analyses in some of these cases rely on the apparent religious motives of the statute's or policy's sponsors and/or citizen-supporters as the basis by which the courts infer that the law or policy in question has a religious purpose.

I argue in this paper that this sort of analysis …

A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Declare That Discovery Is Presumptively Public, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Reconceptualizing Due Process In Juvenile Justice: Contributions From Law And Social Science, Mark R. Fondacaro, Christopher Slobogin, Tricia Cross

UC Law Journal

This Article challenges the accepted wisdom, at least since the Supreme Court's decision in Gault, that procedures in juvenile delinquency court should mimic the adult criminal process. The legal basis for this challenge is Gault itself, as well as the other Supreme Court cases that triggered the juvenile justice revolution of the past decades, for all of these cases relied on the due process clause, not the provisions of the Constitution that form the foundation for adult criminal procedure. The Court's reliance on due process means that the central goal in juvenile justice is fundamental fairness, which does not have …

Delinquent Or Disabled? Harmonizing The Idea Definition Of "Emotional Disturbance" With The Educational Needs Of Incarcerated Youth, Moira O'Neill

UC Law Journal

Congress enacted the Individuals with Disabilities Education Act (IDEA) to meet the special education needs of disabled youth. Yet the Department of Education regulations defining "emotional disturbance," one of the qualifying disabilities under the IDEA, have consistently defined the term to exclude youth diagnosed as "socially maladjusted." Special education scholars and professionals have long criticized this definition of emotional disturbance as imprecise and inconsistent with mental health constructs of emotional and behavioral disorders. Incarcerated youth are particularly affected by this definition of "emotional disturbance," as they demonstrate a higher prevalence of special educational needs than does the public school population. …

Ignoring The Supreme Court: State V. White, The Civil Commitment Of Sexually Violent Predators, And Majoritarian Judicial Pressures, Eric W. Buetzow

UC Law Journal

In Kansas v. Hendricks, the Supreme Court upheld the constitutionality of state statutes that allow for the civil commitment of "sexually violent predators" after completion of their criminal sentences. But the Court in Hendricks left uncertain the precise requirements demanded by substantive due process in this context. Specifically, questions remained regarding whether, and to what degree, a defendant must suffer from volitional inability for the commitment to pass constitutional muster. The Supreme Court responded five years later in Kansas v. Crane, where it held that "there must be proof of serious difficulty in controlling behavior." This could have been considered …

Horizontal Political Externalities The Supply And Demand Of Disaster Management, Ben Depoorter

Faculty Scholarship

No abstract provided.

Sex Offenders. Sexually Violent Predators. Punishment, Residence Restrictions And Monitoring. Initiative Statute.

Initiatives

Increases penalties for violent and habitual sex offenders and child molesters. Prohibits registered sex offenders from residing within 2,000 feet of any school or park, and requires lifetime Global Positioning System monitoring of felony registered sex offenders. Expands the definition of a sexually violent predator, and changes the current two-year involuntary civil commitment for a sexually violent predator to an indeterminate commitment, subject to annual review by the Director of Mental Health and petition by the sexually violent predator for conditional release or unconditional discharge. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state …

Identity Theft. Criminal Gang Activity. Forensic Computer Analysis Fund. Initiative Statute.

Initiatives

Increases criminal penalties for persons convicted of specified identity theft crimes. Adds identity theft and crimes involving personal identification cards to enumerated list of criminal gang activities. Expands definition of personal identifying information and requires prison terms and increased fines for acquisition of such information with intent to defraud. Expands venue in identity theft prosecutions to include county where victim resided at time of offense, and limits availability of probation. Creates forensic computer analysis fund to pay for analysis of electronic evidence in criminal investigations, financed through criminal fines. Summary of estimate by Legislative Analyst and Director of Finance of …

Public Preschool Education. Tax Increase On Incomes Over $400,000 For Individuals; $800,000 For Couples. Initiative Constitutional Amendment And Statute.

Initiatives

Establishes right to voluntary public preschool for all four-year old children, administered by state Superintendent of Public Instruction and county school superintendents. Funded by 1.7% tax on individual income above $400,000 annually; $800,000 for couples. Directs counties to prepare five-year assessments and annual reports regarding voluntary preschool curriculum, outreach, facilities, childcare coordination, teacher recruitment/ pay, and budgeting. Limits administrative expenses, and requires audits of county programs. Requires state Superintendent to develop preschool teaching credential with financial aid for teachers. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased personal income …

Prohibition Against Defined Benefit Public Pensions. Exception For University Of California. Initiative Constitutional Amendment And Statute.

Initiatives

Prohibits state and local agencies, other than the University of California and its laboratories and affiliates, from providing defined benefit pensions (benefit determined by age, years of service, and salary) to employees hired after 7-1-07. Eliminates death, disability benefits for such employees. Thereafter, permits only defined contribution plans (benefit determined by contributions, earnings, minus expenses). Limits agency's contributions to 6% of employee's salary (9% for police, firefighters, and those not contributing to Social Security). Requires employee contribution when employer contribution exceeds 3% of salary. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and …

Casino-Style Gaming District. Initiative Constitutional Amendment.

Initiatives

Requires State to purchase, through eminent domain, 25-50 square miles of undeveloped land in San Bernardino County for casino-style gaming District, which would not be part of county; instead, District controlled by District citizens. Requires District land be sold to highest bidders. Prohibits state/local taxes or recurring fees on gaming operations within District. Provides that investment fees and casino profits pay for public programs. Establishes tracking system to prevent individual Californians from spending more than 10% of annual income on gaming. Voids provisions in existing tribal-State compacts requiring payments to State. Summary of estimate by Legislative Analyst and Director of …

Commercial Property Taxes, Exemptions. Revenues For Schools, Transportation, Public Safety. Initiative Constitutional Amendment.

Initiatives

Amends state Constitution to require annual tax reassessment of the full cash value of nonresidential commercial and industrial real property. Exempts any taxpayer's first $500,000 in personal property from taxation. Requires allocation, within the county where collected, of any revenues resulting from this measure as follows: fifty percent to school districts, fifteen percent to transportation projects, and fifteen percent to public safety providers. Allocates twenty percent to senior citizen property tax relief. Excludes real property used for commercial agricultural production and real property otherwise exempt by law. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact …

Compacts Allowing Tribal Casinos. Urban Areas. Initiative Constitutional Amendment.

Initiatives

Amends the California Constitution to prohibit tribal casinos in urban areas, as defined. Excludes from urban casino ban tribal lands eligible for gaming and held by tribe with state-tribal gaming compact in effect as of January 1, 2005. Retains Governor's authority to negotiate tribal compacts for other casinos. Repeals legislation enacted after January 1, 2005, ratifying any compact allowing casinos in urban areas. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown net fiscal effect on state and local governments by prohibiting the future development of urban casinos.

Urban Areas. Tribal Casino Compacts. Initiative Constitutional Amendment.

Initiatives

Amends the California Constitution to prohibit tribal casinos in urban areas, as defined, without a two-thirds vote of Legislature. Excludes from urban casino ban tribal lands eligible for gaming and held by tribe with state-tribal gaming compact in effect as of January 1, 2005. Retains Governor's authority to negotiate tribal compacts for other casinos. Repeals legislation enacted after January 1, 2005, ratifying any compact allowing tribal casinos in urban areas. Makes State's waiver of sovereign immunity inapplicable to compacts, negotiations, and disputes concerning urban tribal casinos. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on …

Corporate Tax Preferences. Same Percent Vote Requirements. Initiative Constitutional Amendment And Statute.

Initiatives

Provides that corporate tax preferences, as defined, may be repealed/amended by same percentage vote of Legislature as was needed to create them. Requires additional revenues generated by repeal/amendment of post-January 1, 1985 corporate tax preferences be deposited in Prudent State Reserve Fund, with spending from Fund permitted only when state revenues are insufficient to meet state obligations at prior-year levels or in Governor-declared emergencies. Provides that statutes creating or expanding corporate tax preferences enacted after January 1, 2005, are repealed in five years unless reenacted. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state …