Title
Administrative Agencies
Proposition Summary
ADMINISTRATIVE AGENCIES--LEGISLATIVE CONSTITUTIONAL AMENDMENT. Adds section 3.5 to article III of Constitution to preclude administrative agency, even if created by Constitution or initiative, from (1) declaring a statute unconstitutional or (2) declaring a statute to be unenforceable or refusing to enforce a statute, because of unconstitutionality or because federal law or regulations prohibit enforcement, unless appellate court has made such determination. Financial impact: Increases or decreases in government costs or revenue during period before constitutionality or enforceability is determined by appellate court.
Proposition Number
5
Year
1978
Document Type
Proposition
Pass/Fail
Pass
Legislative Vote Results
FINAL VOTE CAST BY LEGISLATURE ON SCA 25 (PROPOSITION 5) Assembly - Ayes, 73; Noes, 0 -- Senate - Ayes, 29; Noes, 0
Popular Vote Results
Y: 2784847; A: 54.5; N: 2329365; B: 45.5
Election Type
Primary
Proposition Type
Senate Constitutional Amendment
Relevant Case
Reese v. Kizer: 194 Cal. App. 3d 885, 1987; Bilofsky v. Deukmejian: 124 Cal. App. 3d 825, 1981; Fenske v. Board of Admin. of the Pub. Emples. Retirement Sys.: 103 Cal. App. 3d 590, 1980; Fair Political Practices Comm'n v. Suitt: 90 Cal. App. 3d 125, 1979
Code Sections Affected
Added Cal. Const. art. III, section 3.5
For Author
John W. Holmdahl, State Senator, 8th District; Joseph B. Montoya, Member of the Assembly, 60th District; Vernon L. Sturgeon, Commissioner, California Public Utilities Commission
Against Author
Robert Batinovich, President, California Public Utilities Commission; Phillip E. Blecher, Executive Director, California Public Utilities Commission
Rebuttal Against Author
John W. Holmdahl, State Senator, 8th District; Joseph B. Montoya, Member of the Assembly, 60th District; Vernon L. Sturgeon, Committioner, California Public Utilities Commission
Recommended Citation
Administrative Agencies California Proposition 5 (1978).
https://repository.uclawsf.edu/ca_ballot_props/860