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Legislative Intent Service, Inc. News & Notes

Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-530-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.

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 NEWS AND NOTES

Successful Propositions:  Across the U.S., last Tuesday’s Presidential election covered more than 6,000 federal and state legislative seats as well as the governorships for 11 states.  In addition, 174 statewide measures were considered by the general electorate for 38 states.  The subject matter of these state measures included legalizing marijuana, same-sex marriage, gambling, education, funding and taxes.  Here is a small sampling of some of the successful propositions passed on November 6th:

  • California:  Proposition 30: Temporary Taxes to Fund Education. Guaranteed Local Public Safety Funding. Initiative Constitutional Amendment. "Increases personal income tax on annual earnings over $250,000 for seven years. Increases sales and use tax by ¼ cent for four years. Allocates temporary tax revenues 89 percent to K-12 schools and 11 percent to community colleges. Bars use of funds for administrative costs, but provides local school governing boards discretion to decide, in open meetings and subject to annual audit, how funds are to be spent. Guarantees funding for public safety services realigned from state to local governments."

             Proposition 36: Three Strikes Law. Repeat Felony Offenders. Penalties.Initiative Statute. Revises three strikes law to impose life sentence only when new felony conviction is serious or violent. Authorizes re-sentencing for offenders currently serving life sentences if third strike conviction was not serious or violent and judge determines sentence does not pose unreasonable risk to public safety. Continues to impose life sentence penalty if third strike conviction was for certain non-serious, non-violent sex or drug offenses or involved firearm possession. Maintains life sentence penalty for felons with non-serious, non-violent third strike if prior convictions were for rape, murder, or child molestation.

  •  Colorado:   Amendment 64: Colorado Marijuana Legalization Amendment.  An amendment to the Colorado constitution concerning marijuana, and, in connection therewith, providing for the regulation of marijuana; permitting a person twenty-one years of age or older to consume or possess limited amounts of marijuana; providing for the licensing of cultivation facilities, product manufacturing facilities, testing facilities, and retail stores; permitting local governments to regulate or prohibit such facilities; requiring the general assembly to enact an excise tax to be levied upon wholesale sales of marijuana; requiring that the first $40 million in revenue raised annually by such tax be credited to the public school capital construction assistance fund; and requiring the general assembly to enact legislation governing the cultivation, processing, and sale of industrial hemp. This measure excludes the use of medical marijuana.
  •  Florida:  Florida Veterans Property Tax; Amendment 2: This measure allows for property tax discounts for disabled veterans, including veterans who became disabled before they were residents of Florida.

            Florida Property Tax Exemption for Surviving Spouses; Amendment 9: In certain circumstances, the law requires the assessed value of homestead and specified nonhomestead property to increase when the just value of the property decreases. This amendment provides that the Legislature may, by general law, provide that the assessment of homestead and specified nonhomestead property may not increase if the just value of that property is less than the just value of the property on the preceding January 1, subject to any adjustment in the assessed value due to changes, additions, reductions, or improvements to such property which are assessed as provided for by general law. This amendment shall take effect January 1, 2013.

  •  Idaho:  Idaho Hunting and Fishing Amendment; HJR2: This measure adds the right to hunt, fish and trap in the state of Idaho. This proposed amendment would provide that the rights to hunt, fish and trap are a valued part of Idaho's heritage and would preserve these rights for the people of Idaho and manage these rights through the laws of the state. Specifies that hunting, fishing and trapping shall be a preferred means of managing wildlife. Does not create a right to trespass or affect rights to divert or appropriate water. This amendment also will not prevent the suspension or revocation of licenses issued by the state for hunting, fishing or trapping. 
  •  Kentucky:  Kentucky Hunting and Fishing Amendment; House Bill 1: Amends the Constitution of Kentucky and protects the rights of residents to hunt and fish in the state.
  •  Louisiana:  Louisiana Property Tax Exemption for Veterans’ Spouses; Amendment 4:  Provides property tax exemptions to certain veterans’ spouses.
  •  Maine:  Maine Same-Sex Marriage Question; Question 1: This measure overturned a voter-approved measure that had banned same-sex marriage in the state of Maine in 2009. It allows for same-sex couples to obtain marriage licenses.
  •  Maryland: Same-Sex marriage Referendum; Question 6: This measure appeared on the ballot in response to Maryland’s Civil Marriage Protection Act. Establishes that Maryland's civil marriage laws allow gay and lesbian couples to obtain a civil marriage license, provided they are not otherwise prohibited from marrying; protects clergy from having to perform any particular marriage ceremony in violation of their religious beliefs; affirms that each religious faith has exclusive control over its own theological doctrine regarding who may marry within that faith; and provides that religious organizations and certain related entities are not required to provide goods, services, or benefits to an individual related to the celebration or promotion of marriage in violation of their religious beliefs.
  •  Massachusetts:  Massachusetts Medical Marijuana Initiative; Question 3. This measure legalized the use of medical marijuana in the state. “This proposed law would eliminate state criminal and civil penalties for the medical use of marijuana by qualifying patients. The proposed law would (1) not give immunity under federal law or obstruct federal enforcement of federal law; (2) not supersede Massachusetts laws prohibiting possession, cultivation, or sale of marijuana for nonmedical purposes; (3) not allow the operation of a motor vehicle, boat, or aircraft while under the influence of marijuana; (4) not require any health insurer or government entity to reimburse for the costs of the medical use of marijuana; (5) not require any health care professional to authorize the medical use of marijuana; (6) not require any accommodation of the medical use of marijuana in any workplace, school bus or grounds, youth center, or correctional facility; and (7) not require any accommodation of smoking marijuana in any public place.
  • Montana:  Montana Medical Marijuana Veto Referendum No. 124: In 2004, Montana voters approved I-148, creating a medical marijuana program for patients with debilitating medical conditions. Senate Bill 423, passed by the 2011 Legislature, repeals I-148 and enacts a new medical marijuana program, which includes: permitting patients to grow marijuana or designate a provider; limiting each marijuana provider to three patients; prohibiting marijuana providers from accepting anything of value in exchange for services or products; granting local governments authority to regulate marijuana providers; establishing specific standards for demonstrating chronic pain; and reviewing the practices of doctors who certify marijuana use for 25 or more patients in a 12-month period.
  •  Washington:  Washington Marijuana Legalization and Regulation; Initiative 502: Would legalize the production, possession, delivery and distribution of marijuana. The initiative would regulate the sale of small amounts of marijuana to people 21 and older. According to reports, marijuana growth farms and food processors would be licensed by the Washington State Liquor Control Board.
  •  Wyoming: Wyoming Hunting Rights Amendment; Constitutional Amendment B:  This amendment preserves the right of Wyoming citizens to harvest wild birds, fish, and game.

                 Wyoming Health Care Amendment; Constitutional Amendment A:  This is Wyoming’s amendment to its state constitution in reaction to the 2010 federal health care reform law. Passage of this amendment will provide that the right to make health care decisions is reserved to the citizens of the state of Wyoming. It permits any person to pay and any health care provider to receive direct payment for services. The amendment permits the legislature to place reasonable and necessary restrictions on health care consistent with the purposes of the Wyoming Constitution and provides that this state shall act to preserve these rights from undue governmental infringement.

 

Proposition, Initiative, Referendum: A ballot measure or proposition places before a state’s general electorate proposed new laws or constitutional amendments.  An initiative is a proposal of a new law or constitutional amendment placed on the ballot by a legally sufficient number of signatures on a petition.  Twenty-four states have the initiative process .  A referendum, through citizen petition, seeks to repeal a law enacted by the state’s legislature. A legislative referendum is a measure referred to the ballot by the state legislature, usually addressing constitutional amendments or bonds.  The initiative and referendum are utilized in thousands of counties, cities and towns across the country more frequently than a statewide ballot proposition. 

 

LIS Researches Propositions:  Since it was founded in 1974, LIS’ research of legislation has included statewide ballot measures.  Some propositions, such as California’s Proposition 13 (1978) to limit property tax on real property or Proposition 62  (2004) to limit private enforcement of unfair business competition laws, generated a voluminous amount of background materials, from position papers by supporters and opposition, and related studies and reports, to failed predecessor bills and surviving legislative committees’ files.  Other propositions presented to the electorate are simpler, some arising directly from underlying legislative constitutional amendment bills, which generated useful legislative history materials.  Give LIS a call at 1-800-666-1917 to discuss your proposition research needs.

 

Newsletter:  LIS’ Fall/2012 issue of Engrossment , our quarterly newsletter, is available up at our website here .  The focus for this issue are bills that were signed into law by Governor Jerry Brown in September, which address such topics as natural gas pipeline safety, same day voter registration, and human trafficking, just to name a few.  We are working on our annual Compendium of bills that were signed by the Governor in the last legislative session.  The 2012 Compendium is expected to be published and posted later this month up at our website.  You can review our past Compendiums anytime at legintent.com . 

 

MCLE:  California attorneys whose last names begin with the letters A through G have a deadline of February 1, 2013 to meet their MCLE requirements.  LIS offers two free self-study exams that are approved by the California State Bar – one regular hour on the subject of legislative process , and one hour of ethics on the subject of ethics and evidence of legislative intent .  Both exams are available 24/7 for your convenience at legintent.com . One of our attorneys will grade and email your certificate to you quickly.

 

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