Garamendi

In this case, we are asked to determine the validity of Senate Bill No. 841 (2003-2004 Reg. Sess.) (Sen. Bill 841), a legislative amendment to Proposition 103, the “Insurance Rate Reduction and Reform Act” the voters passed on November 8, 1988. (Ins. Code, § 1861.01 et seq.; Stats. 1988, p. A-276 et seq.) The trial court ruled Sen. Bill 841 invalid because it does not further the purposes of Proposition 103 and therefore exceeds the power to amend the initiative that the voters granted to the Legislature. We agree and affirm.

BACKGROUND

The voters of California passed Proposition 103 with the express intention to protect consumers from arbitrary insurance rates and practices, to encourage a competitive insurance marketplace, to provide for an accountable insurance commissioner and to ensure that insurance is fair, available, and affordable for all Californians. (Prop. 103, § 2 [uncodified preamble, “Purpose”], reprinted at Historical and Statutory Notes, 42A West’s Ann. Ins. Code (1993 ed.) foil. § 1861.01, p. 649 (Historical and Statutory Notes); see State Farm Mutual Automobile Ins. Co. v. Garamendi (2004) 32 Cal.4th 1029, 1041 [ 12 Cal.Rptr.3d 343 , 88 P.3d 71 ].) In…