California School News

On the ’08 ballot: 2 initiatives—so far

Published: August 1, 2007

Voters will face two primary elections next year, one to help select political parties’ presidential candidates and one for state offices. Each is expected to include ballot measures for voters’ consideration.

Two have qualified so far for the Feb. 5 election:

Community Colleges: Funding, governance, fees; initiative constitutional amendment and statute

Sponsor: Californians for Community Colleges

This initiative would require minimum levels of state funding for school districts and community college districts to be calculated separately. The initiative would set community college student fees at $15 per unit and would limit future fee increases to no more than the cost-of-living adjustment. This measure would not have an impact on the calculation of the K-12 minimum funding guarantee under Proposition 98.

CSBA position: No position

Transportation Funding; initiative constitutional amendment and statute

Sponsor: James Earp

This initiative would prohibit retention of funds earmarked for the Transportation Investment Fund in the state general fund for uses unrelated to transportation after July 1, 2008, and would eliminate general fund borrowing of specified transportation funds. Essentially, this initiative would increase the stability of funding to transportation in 2007-08 and thereafter.

CSBA position: No postion

Potential ballot measures

Fourteen other initiative petitions are in circulation for 2008, but none has yet qualified for the June 3 statewide primary. The following are proposed initiatives of interest to school board members:

Public Employees Benefits Reform Act

Sponsor: California Foundation for Fiscal Responsibility

PEBRA, an initiative to amend the California constitution, was filed with the Attorney General’s Office on June 21 but has not been cleared for active circulation. PEBRA would retain current defined benefit plans and other benefits for state and local public employees but reduce the size of pensions that new public employees could receive.

Since pensions under PEBRA would not constitute a livable income, there could be pressure from unions to supplement pensions with additional retirement plans; employees could also demand higher pay to compensate for a smaller pension, and districts could be forced to outbid each other to recruit and retain employees. Thus, any savings from PEBRA’s enactment could be temporary.

For CSBA’s complete analysis of this initiative, visit: www.csba.org/gr

CSBA position: Pending

Eminent domain: Acquisition of owner-occupied residence; constitutional amendment

Sponsor: League of California Cities

This initiative would further limit state and local governments’ use of eminent domain to acquire an owner-occupied residence for conveyance to a private person or business entity. It is a reaction to the U.S. Supreme Court’s 5-4 decision in 2005 on Kelo v. New London, which upheld the authority of governments to use eminent domain to transfer land from one private owner to another to further economic development. This initiative would deal only with the use of eminent domain on owner-occupied residences, not rental properties, and would prohibit public entities—a school district, for example—from using eminent domain to transfer an owner-occupied residence to a private entity, with certain exceptions.