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.
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
Senate Constitutional Amendment
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
John W. Holmdahl, State Senator, 8th District; Joseph B. Montoya, Member of the Assembly, 60th District; Vernon L. Sturgeon, Commissioner, California Public Utilities Commission
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
Administrative Agencies California Proposition 5 (1978).