Passion at the ballot box

As passions mount and the rhetoric increases, the full implications of the McClintock proposal may get lost. Who is going to worry about the details when the battle cry of "Save Our Homes” touches a sympathetic chord in all of us? The McClintock measure would amend the California Constitution to prevent private property from being taken for the purpose of economic development or increasing tax revenue or for any other private use.

But, here’s the clause that will not get much attention: It will also limit the government’s authority to adopt certain land use, housing, consumer, environmental and workplace regulations. The chances that the government is even interested in buying your house for public or private use is slim. But environmental, consumer and workplace regulations protect each of us every day in our daily lives. And the implications of losing those protections is huge. My guess is that big special interest dollars are especially interested in this "sleeper” provision of the ballot measure.

Alas, as we have found in other initiatives, the devil is in the details. Nasty little details are hard to ferret out in the barrage of television advertising. And who understands all of the fine print in the voters’ handbook? Proposition 13 was won on the backs of seniors who were afraid of being forced out of their homes by rising property taxes. No one mentioned at the time that the real beneficiaries would be commercial property owners who would see their assessed valuations frozen at 1975 levels and would save millions of dollars in taxes for decades. Or that the losers would be public schools, public safety, local streets and roads and young families trying to buy a home.

The initiative process in California is considered out of control. Initiatives are now responsible for most of the laws that control the state’s finances. More than 20 such financial ballot measures have passed since 1978. No wonder the Legislature and the governor can’t agree on a budget. They are in a straitjacket of constitutional protections approved by us, the voters. People say they want reform but they don’t want to do away with this important tool of public control. In practice, however, this public tool has been taken over by special interests — those who have enough money to pay signature gatherers and blanket the state with expensive campaign commercials.

Hopefully, there are two measures being circulated in Sacramento that will allow some cool-down time before passions run wild this November. Each makes sense and deals with the problem in a thoughtful way.

Assemblyman Gene Mullin, D-South San Francisco, is working on a bill that would create a moratorium on eminent domain for several years while the full details of a comprehensive measure could be analyzed and developed. Assemblyman Joe Nation, D-San Rafael, has introduced a measure that deals with all prospective initiatives. It would require the Legislature to review and analyze proposed ballot measures. During the process, proponents could allow lawmakers to amend their initiative. If they accepted the changes made by the Legislature, the proposition would become law. Amazing! An initiative would become law only after careful review and without expensive and misleading elections campaigns and voter confusion.

Problems could be detected early.

If the initiative sponsors didn’t like the proposed changes, they could go ahead and put the measure on the ballot anyway. This bill is expected to have bipartisan support. Secretary of State Bruce McPherson is on board. But it’s not over yet.

The measure would require a constitutional amendment and a two-thirds vote. And you bet, the special interests will be doing all they can to defeat it. But here’s a chance to have passionate issues get a dose of reality before they become law and impact us in ways we do not expect or want. Here’s a way to make public policy and have it work for the public’s good.

Sue Lempert is the former mayor of San Mateo. Her column runs every Monday. She can be reached at sue@smdailyjournal.com.

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