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Initiatives Target Hospitals

There are currently two initiatives that have begun circulating that directly affect the state’s hospitals. One would limit the amount that hospitals can charge, and the other requires that free health care be provided to needy patients in the amount annually at least 5 percent of their net patient revenues. Here are the ballot titles and summaries of both initiatives:

NONPROFIT HOSPITALS. REQUIRED MINIMUM CHARITY CARE. INITIATIVE STATUTE. Requires nonprofit hospitals to provide free health care to needy patients in amount annually at least 5 percent of their net patient revenues. Exempts hospitals where minimum charity care would result in operating margin less than 1 percent, and hospitals that are part of certain large nonprofit health systems. Requires nonprofit hospitals to give Attorney General annual reports on charity care provided. Authorizes penalties for non-compliance, including revocation of tax-exempt status and appointment of Attorney General representative to hospital’s board of directors. Makes nonprofit director/officer liability protections inapplicable to enforcement actions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential increased costs to state and local governments, at least in the millions of dollars annually through 2017, associated with potentially increased premiums for government-purchased health insurance. Potential local government savings, at least in the low millions of dollars annually through 2017, from uninsured persons accessing health care services at certain nonprofit hospitals instead of at government-funded, public hospitals.

Initiative Aims to Repeal Non-Discrimination Requirements

The state of California recently signed into law a requirement that schools must acknowledge the contributions of gay Americans. This law states that public school instructional materials must "recognize societal contributions of various groups" and "prohibit[s] school instructional materials that reflect adversely on persons based on their ethnicity, gender, sexual orientation and other characteristics." The law was known as the Fair, Accurate, Inclusive, and Respectful Education Act". A new initiative that has been cleared for circulation seeks to repeal this law.

EDUCATION. REPEALS NON-DISCRIMINATION REQUIREMENTS FOR SCHOOL INSTRUCTION. INITIATIVE STATUTE. Repeals requirement that schools prohibit instructional materials that reflect adversely on persons based on their sexual orientation and other characteristics. Repeals requirement that school instructional materials recognize societal contributions of various groups to the economic, political, and social development of California and the United States. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: This measure would not impose additional costs on school districts.

Proponents must collect 504,760 signatures to qualify the measure for the ballot.

3rd Measure Qualifies for Nov. Election

A third measure has now qualified for the November 6th, 2012 general election ballot. If it is approved by voters, it would change state law regarding auto insurance pricing. It was funded by Mercury Insurance, which you may recall tried to get a similar measure approved in 2010 but voters rejected it. The chairman of Mercury Insurance, George Joseph, gave $8.2 million to put the initiative on the November ballot and proponents suggest it will lower car insurance rates for consumers who maintain continuous coverage. CA Watch points out:

“This year's ballot initiative would allow companies to base auto insurance rates on whether a customer had previously been insured. Under tough regulations passed by ballot initiative in 1988, companies can't charge customers more simply because they had been uninsured; they also can't charge less if customers had been insured. So while consumer advocates say the initiative would let companies jack up rates for the previously uninsured, industry proponents argue it would lead to discounts. The new initiative improves on the old one, supporters say, in that it allows continuous-coverage discounts for those who dropped insurance due to military service or losing a job.”

Here is the official title and summary:

The Latest: Secretary of State Updates

Since our last update, the Secretary of State has issued plenty of new updates about qualifications, failures, and circulations of initiatives. We provide a rundown of the latest below. Notably, there are now 60 initiatives cleared for circulation. While they won’t all make it to the end (i.e. the ballot), even if a small chunk qualifies it is evident that 2012 is proving to be a very busy campaign season for ballot measures.

1563. (11-0094) Undocumented Immigrants. Requires State Law Enforcement Officers to Enforce Federal Immigration Law. Denies Driver's Licenses to Undocumented Immigrants. Initiative Statute.
New Initiative Cleared for Circulation.

1498. (11-0018) Requires Minimum Investment by Public Pension or Retirement Systems in California Businesses. Initiative Constitutional Amendment.
Initiative Failed to Qualify.

1497. (11-0016) Prohibits Abortions for Females Under 18 Without Parental Notification and Waiting Period. Initiative Constitutional Amendment.
Initiative Failed to Qualify.

1496. (11-0015) Prohibits Abortions for Females Under 18 Without Parental Notification. Initiative Constitutional Amendment.
Initiative Failed to Qualify.

1562. (11-0085) Education. Repeals Non-Discrimination Requirements for School Instruction. Initiative Statute.
New Initiative Cleared for Circulation.

1561. (11-0083) Education. Repeals Non-Discrimination Requirements for School Instruction. Initiative Statute.
New Initiative Cleared for Circulation.

12-0003 - "Corporations Are Not People Act"
Initiative Pending at the Attorney General's Office.

12-0004 - "Stop the $100 Billion Bullet Train to Nowhere Act"
Initiative Pending at the Attorney General's Office.

Controversial Immigration Initiative Circulates

The Secretary of State has announced that a controversial immigration initiative can enter circulation and begin collecting signatures. Under the terms of the measure, federal immigration laws would have to be enforced by local authorities. The listed proponents for this measure include Ted Hilton, Tirso Del Junco and Bill Siler. They must collect signatures of 504,760 registered voters – the number equal to five percent of the total votes cast for governor in the 2010 gubernatorial election – in order to qualify it for the ballot.

Here is the official ballot title and summary:

UNDOCUMENTED IMMIGRANTS. REQUIRES STATE LAW ENFORCEMENT OFFICERS TO ENFORCE FEDERAL IMMIGRATION LAW. DENIES DRIVER’S LICENSES TO UNDOCUMENTED IMMIGRANTS. INITIATIVE STATUTE. Requires state and local law enforcement to comply with direction from federal immigration authorities for holding and transferring undocumented immigrants arrested by law enforcement officials. Requires commitment for law enforcement agencies to perform federal immigration functions. Denies driver’s licenses to undocumented immigrants. Prohibits law enforcement from justifying arrests solely because an individual over fifteen was driving without a license. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state and local law enforcement costs, potentially reaching several millions of dollars annually, for detaining persons suspected of being unlawfully present in the U.S. and for complying with an agreement required by this measure between the state and the federal government. Potential unknown savings to state and local governments to the extent that the deportation of unlawfully present criminals prevents them from reentering the criminal justice system.
 

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