As a general rule, there is a presumption against retroactive application of a statute, unless the Legislature plainly has directed otherwise by means of express language of retroactivity or other sources that provide a clear and unavoidable implication that the...
Is a statute presumed to operate retroactively? In California, as in most states, a statute is presumed to operate prospectively. How do California courts generally view applying a statute’s provisions? In Quarry v. Doe I (2012) 53 Cal.4th 945, 955,...
Do bills in the California Legislature require a title? Pursuant to Article IV, Section 9 of the California Constitution, there is a requirement for each bill to have a title. The constitutional provision states: “A statute shall embrace but one...
Proposition 54, which was enacted by the voters at the November 2016 general election, adopted constitutional and statutory changes dealing with bill amendments and recordings of legislative proceedings. The proponents of Prop. 54 (in ballot arguments) were specifically concerned with...
How does each house of the Legislature handle “concurrence items”? For example, under Assembly Rule 77, concurrence in any Senate amendment to an Assembly Bill requires the same affirmative recorded vote as the vote required by the California Constitution for...
According to the California Secretary of State and the California Legislative Calendar, June 27 is the last day for a legislative measure to qualify for the Nov. 5 General Election ballot pursuant to Elections Code Section 9040. So, if the...
Like in 2023, Governor Gavin Newsom will not be delivering the traditional State-of-the-State address in the Assembly Chambers in the historic California State Capitol in 2024. Can he do that? The answer is yes. Article 5, Section 3 of the...