An attempt to repeal the voter-approved ban on affirmative action in the state's higher education system has been shelved, for now.

Assembly Speaker John Perez sent SCA5 back to the Senate after he determined there were not enough votes to pass it in its current form.

The author of the measure, State Senator Ed Hernandez, says a commission will be formed to hold hearings up and down the state to get public input.

"We felt it is necessary to have a discussion based on facts and take the time to hear from experts on the challenges our public universities and colleges face," he said.

Senate Pro Tem Darrell Steinberg has also expressed his disappointment saying:

"We need a calm and intelligent discussion about what affirmative action is and is not. Affirmative action is not quotas."

SCA5 would overturn part of Proposition 209 passed in 1996.

It banned the use of race and ethnicity in public university admissions, state hiring and contracting.