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 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

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