Pubdate: Sun, 31 Dec 2000
Source: San Luis Obispo County Tribune (CA)
Copyright: 2000 The Tribune
Contact:  P.O. Box 112, San Luis Obispo, CA 93406-0112
Fax: 805.781.7905
Website: http://www.thetribunenews.com/
Bookmark: http://www.mapinc.org/prop36.htm (CA Prop 36)

INITIATIVE REFORM IS LONG OVERDUE

The Commission on the California Initiative Process has a tall order - 
fixing it. Reform is needed in what has been called "the fourth branch of 
government." One of the main shortcomings of the current system is that 
once a reform initiative passes the voters it may be shot down in a court 
challenge because it is unconstitutional.

The reason is primarily that reform initiatives have not been checked by 
the right authorities to make sure they are constitutionally sound before 
they are placed on the ballot.

Another weakness in the process, in our view, is that a California 
initiative, once passed by the voters, cannot be amended by the Legislature 
unless the text of the initiative provides for it. And because there is no 
review process before the election, errors in an initiative and unintended 
bad consequences become part of the law.

The initiative was originally designed to give engaged citizens a chance to 
propose laws that the Legislature refused to deal with. Most voters believe 
initiatives are put on the ballot for the benefit of the rank-and-file in 
California's population.

But Scripps-McClatchy Columnist Peter Schrag says that is civics-book fiction.

"Most," he said, "were put on the ballot either by economic interest groups 
- - developers, the insurance industry, oil companies, tobacco companies, 
labor unions - or by deep-pockets individuals pushing their own reform 
ideology."

A good example is Proposition 36, passed by the voters in November.

It provides that users of dangerous and illegal drugs will not be treated 
as criminals. They are to be sentenced to probation rather than jail. They 
are considered victims of drug addiction who need treatment and care, not 
punishment by incarceration.

Opponents of that initiative estimate that the new law will allow 37,000 
felony drug users to remain on our streets every year - many of them 
addicted to drugs that often ignite violent criminal behavior.

Voters apparently were unaware the initiative was written, not by drug 
treatment experts, but  by a criminal lawyer financed  by wealthy 
out-of-state backers whose ultimate goal is legalization of drugs.

If you want to buy a piece of legislation, it is cheaper to pass an 
initiative than to get a proposal through the Legislature.

But that works only for sponsors with deep pockets because it is impossible 
to get an initiative on the table for less than $1 million. In other words, 
money talks.

Indian gaming interests, for example, laid out $65 million in 1998 to pass 
Proposition 5, legalizing electric slot machines in reservation casinos.

The Commission on the California Initiative Process is supposed to finish 
its work by March.

If it can come up with some substantive improvements - rather than just 
crossing some t's - it will be of great benefit to California voters and 
ultimately the rest of the nation.
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MAP posted-by: Jo-D