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More than a quarter-century later, California's politicians
are still struggling with the fiscal effects of Proposition 13, the landmark
property tax measure enacted by voters in 1978.
The so-called "tax revolt" that anti-tax crusaders Howard Jarvis
and Paul Gann ignited may be, however, historically less significant than
another impact of their drive to slash and limit property taxes. Unwittingly,
perhaps, they established the initiative petition as California's most
powerful political policy tool - one that Gov. Arnold Schwarzenegger is
using to telling effect.
Although the initiative - which allows voters to make law directly without
going through the Legislature - had been in the state constitution for
more than 60 years, it had been used only sporadically before Jarvis and
Gann employed it to push Proposition 13 onto the 1978 ballot.
As it happened, Jarvis and Gann also demonstrated the potential power
of the initiative at the precise moment in the state's political history
when internal and external factors were creating what became a fairly
permanent gridlock in the legislative process. Sweeping economic and social
changes and population growth were creating myriad political policy issues,
but the Legislature was imploding, preoccupying itself with internal power
games and largely ignoring external reality.
The increasingly obvious disconnect between real California and political
California led to popular frustration that was fertile ground for initiatives
promoted by various economic and social interest groups, each of which
purported to solve a particular problem. By the late 1980s, voters were
routinely dealing with a dozen or more measures at each election, and
the phenomenon continued into the 1990s. School finance, insurance regulation,
legislative term limits, public services for illegal immigrants, bilingual
education, prison terms, affirmative action and Indian reservation gambling
are just a few of the hot-button issues that confronted voters during
the period.
Eventually, the Legislature found itself playing second fiddle, in terms
of setting the political agenda, to what became a highly professional
and technology-driven industry of initiative promoters, signature gatherers
and campaign consultants. And at some point, initiatives and legislation
became intertwined - the threat of the former driving the latter, and
the latter sometimes used to blunt the impact of the former.
A case in point occurred in 2000, when then-Gov. Gray Davis agreed to
give the schools another $1.8 billion a year in aid - which the state
treasury could not truly afford - after the California Teachers Association
had collected signatures on an initiative that would have boosted state
school spending by about $6 billion a year. It was pure extortion, and
the CTA dropped its measure after Davis offered the $1.8 billion. That's
just one of many examples.
During the first months of his governorship, Schwarzenegger has played
both ends of the initiative game in seeking deals with legislators and
outside interest groups. He brilliantly used the threat of an initiative,
bankrolled by employers, to cajole the Legislature into enacting a significant
overhaul of the workers' compensation system, even though the chances
of actually enacting such a ballot measure were not particularly high.
Local government leaders, meanwhile, qualified an initiative for the November
ballot to protect their revenue sources from state raids, which got Schwarzenegger's
attention. Implicitly, he would strenuously oppose the measure if he could
not forge a compromise agreement with city and county officials, and such
a deal is in the works. Schwarzenegger also wants casino-owning Indian
tribes to contribute substantially to the state treasury and, implicitly,
might endorse a pending initiative that would end the Indians' monopoly
on slot machines if tribes refuse to cooperate.
Overhauling the initiative process is a popular topic of academic forums
- increasing the signature threshold and/or requiring measures to be first
submitted to the Legislature are two oft-discussed changes - but that's
unlikely to happen.
Rather, it will continue to be California's most powerful political tool,
for better or worse.
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