2020 Election California Ballot Propositions
- Is an Uber/Lyft driver entitled to vacation pay, sick leave?
- Does a dialysis center need a physician on staff?
- If in inherit property from my parents, what is my property tax base?
- If I’m arrested do I need to pay CASH bail?
All these questions and more are on the 2020 California ballot under citizens initiatives (or Propositions). Often confusing and misleading titles, CA is infamous for these initiatives and it’s up to YOU to votes YEA or NAY. Attached is a simple (I hope) explanation for each initiative (completely non-partisan) to help inform you when you complete your ballot.
As a reminder, ALL registered voters in CA will receive a mail-in ballot NEXT WEEK! If you changed addresses in 2020 you will need to register. Voter registration deadline is October 19th! If you would like additional information on any of the propositions, please call or email me.
DON’T FORGET TO VOTE (and sign your ballot when/if you mail it in).
Prop 14 Stem Cell Bond Issue
What
Background
Issues $5.5 Billion in bonds for the California Institute for Regenerative Medicine (CIRM) "stem cell"
In 2004 voters approved Prop 71 which created CIRM and $3Billion in funds for stem cell research. Only $132M in funds remain
YES vote=
Supports issuing a $5.5B General Obligation Bond for the state's stem cell research institute for diseases such as: Alzheimer's, Parkinson's and dementia.
NO vote=
Opposes issuing $5.5B bond
Prop 15 Tax on Commercial/Industrial Properties [NOTE: This DOES NOT affect residential properties at all]
What
Amends the state constitution to require commercial and industrial properties (except agricultural) to be taxed on their fair market value.
Background
In 1978 Prop 13 put a cap on residential, commercial and industrial properties taxed based on purchase price. The tax increase is limited to 1% of the original purchase price with annual adjustment equal to inflation or 2% (whichever is lower). This bill would maintain the property tax cap for residential properties ONLY. The increased revenues to the state would be directed to education and public health. Expected revenue benefit of $8B - $12.5B per year.
YES Vote =
Support constitutional amendment commercial and industrial properties would be taxed at CURRENT fair market value rather than original purchase price.
NO Vote =
Opposes constitutional amendment and maintain current property tax at original purchase price.
Prop 16 Repeal Proposition 209 (1996) Affirmative Action Amendment
What
Amends the state constitution by repealing Prop 209 (1996) by allowing government decision-making policies to consider race, sex, color, ethnicity or national origin to address diversity in the operation of public employment, education or contracting.
Background
In 1996 stated that discrimination and preferential treatment were prohibited in public employment, public education and public contracting on account of race, sex, color, ethnicity or national origin.
YES Vote =
Repeals Prop 209 (1996) and allows government to use race, sex, color, ethnicity or national origin to address diversity in public employment, education and/or contracting.
NO Vote =
Opposes constitutional amendment and maintains current practice of NOT using race, sex, color, etc. in public employment, education and/or contracting.
Prop 17 Voting Rights Restoration for Paroles
What
Amends the state constitution to allow people on parole for felony convictions to vote
Background
Currently people on parole for felonies are disqualified from participating from voting until imprisonment and parole are completed. If passed, felons who are on parole would be able to vote.
YES Vote =
Amends state constitution to allow felons on parole to vote.
NO Vote =
Opposes constitutional amendment and prevents people on parole for felony convictions from voting.
Prop 19 Property Tax Transfers
What
Changes the rules for tax assessment transfers. Allows "eligible" (over 55-years-old, disabled, victims of natural disasters) homeowners to transfer tax assessment to different home of the same or lower fair market value - thus allowing them to move without paying higher taxes.
Background
Currently grandparents and/or parents can transfer primary residential properties to their children or grandchildren without the property tax assessment resetting to market value.
YES Vote =
Increases property tax to fair market value on inherited property tax if not used for primary residence.
NO Vote =
Opposes the constitutional amendment and maintains property transfer without upward adjustment of property tax.
Prop 20 Criminal Sentencing, Parole and DNA Collection
What
Amends several criminal sentencing and supervision laws. Specific type of theft and fraud crimes (firearm theft, vehicle theft, unlawful use of credit card) as felons rather than misdemeanors.
YES Vote =
Supports initiative to add crimes to the list of violent felonies; also requires DNA collection for certain misdemeanors.
NO Vote =
Opposes initiative to add crimes to list of violent felons.
Prop 21 Local Rent Control
What
Allows local governments to enact rent control
Background
In 1995 a law (Costa-Hawkins Rental Housing Act) was passed allowing landlords to increase rent prices to market rates after a tenant moves out. This measure would replace Costa-Hawkins. Additionally, in 2018 voters rejected Prop 10 which would have allowed local governments to adopt rent control on any type of rental housing. [AIDS Healthcare Foundation (AHF) was behind Prop 10 and also sponsors Prop 21]
YES Vote =
Allows local governments to enact rent control on housing first occupied over 15 years ago (with exception for landlords who own less than 2 homes).
NO Vote =
Opposes ballot initiative, thereby continuing to prohibit rent control on housing first occupied after 2/1/95.
Prop 22 App-Based Drivers/Independent Contractors (UBER/LYFT)
What
App-based drivers (e.g. Uber/Lyft) to be considered Independent Contractors and NOT employees.
Background
In 2019 AB 5 passed which defined Independent Contractors based upon a 3-prong test: a)worker is free from company control; b)work done is not in the company's usual course of business; and c) worker engaged in established trade, business of same nature as work performed. [Basically, the state made it very difficult for someone to be an Independent Contractor based upon the idea the employers were taking advantage of independent contractors by now calling them employees and thereby forgoing sick time, vacation pay, etc.]
YES Vote =
Defines app-based drivers as Independent Contractors (the way things are currently)
NO Vote =
Opposes ballot initiative deferring to AB 5 to decide whether app-based drivers are employees or independent contractors
Prop 23 Dialysis Clinic Requirements
What
Requires dialysis clinics to have at least one licensed physician to be present (or nurse practitioner or PA if shortage of doctors); report data on dialysis related infections to state health dept.; prohibits closing dialysis clinic without state approval; prohibits clinics from refusing to treat patients based on source of payment for care.
Background
In 2018, voters rejected Prop 8 which would have required dialysis clinics to issue refunds to patients for profits in excess of 115% of the cost of direct patient care. Prop 8 was sponsored by SEIU labor union and pitted them against DaVita the largest private dialysis provider in the area. SEIU supports Prop 23 also.
YES Vote =
Requires dialysis clinics to have physician (or functional equivalent) on site; report infections to state department of health and notify state before closing.
NO Vote =
Opposes ballot initiative and keeps things as they are
Prop 24 Consumer Personal Information Law
What
Expands consumer data privacy laws. Prevents businesses from sharing personal information; allows for consumer correction of inaccurate personal information; limits businesses' use of "sensitive personal information" including geolocation; race; ethnicity; religion sexual orientation, etc.
Background
In 2018 SF developer, Alastair Mactaggart, filed a similar measure but withdrew it after the legislature passed the California Consumer Privacy act of 2018 (CCPA). Mactaggart wants to expand the CCCPA with additional rights. Furthermore, ballot initiatives cannot be amended without the approval of the voters.
YES Vote =
Expands consumer data privacy laws including provisions to allow consumers to direct businesses NOT to share their personal information and creates the Privacy Protection Act to enforce consumer data privacy laws
NO Vote =
Opposes ballot initiative, things stay as they are now.
Prop 25 Cash Bail vs. Risk Assessment
What
This is a "Repeal Referendum" which would overturn the existing "risk assessment" method used by California courts (in place of cash bail) and return to a cash bail system.
Background
In 2018 SB 10 was signed into law by Gov. Brown. SB 10 made California the first state to end cash bail for all detained suspects awaiting trial. In the alternative to cash bail, a "risk assessment" is used to determine whether a detained suspect should be granted pretrial release and under what conditions. This initiative is a "VETO REFERENDUM" to overturn SB 10. The backers are primarily the bail bond companies. [There are an overabundance of moving parts here. But the bottom line is to use an alternative to cash bails. On the one hand, the bail bond companies obviously want to return to cash bail; on the other hand, many civil liberty organizations do not like the "risk assessment" tool currently in place; many consider it racially biased and left to the discretion of judges. However, this referendum does not offer an alternative to cash bail].
YES Vote =
Upholds SB 10 which replaced cash bail with a risk assessment.
NO Vote =
Repeals SB 10 returning to cash bail system.