Chris Micheli – Page 114 – California Globe

New Bill Would Move ACA 13 to 2026 Ballot

June 30, 2024 9:03 amJune 30, 2024 9:03 am

On June 27, Assembly Bill 440 was gutted-and-amended for the purpose of moving Assembly Constitutional Amendment 13 from the November 5, 2024 ballot to the November 2026 General Election ballot. AB 440 will be heard in a special hearing of...

Guidance for Drafting a ‘Declaratory of Existing Law’ California Statute

June 30, 2024 2:30 amJune 30, 2024 2:31 am

On occasion, you may see a bill in the California Legislature that has the following provision: “The amendments made by this act do not constitute a change in, but are declaratory of, existing law.” This statement is straightforward and easy...

Frequently Asked Questions about Judicial Branch Support Agencies

June 29, 2024 2:30 amJune 29, 2024 2:31 am

California’s judiciary branch of government is supported by several important entities that assist the judicial branch in operating efficiently. What is the Commission on Judicial Appointments (CJA)? The CJA is charged with reviewing gubernatorial appointments to the appellate courts in...

Guidance for Drafting a Retroactive California Statute

June 28, 2024 2:30 amJune 28, 2024 2:31 am

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...

Frequently Asked Questions about Retroactivity of California Statutes

June 27, 2024 2:30 amJune 27, 2024 2:31 am

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,...

Frequently Asked Questions about the Order of Enumeration

June 26, 2024 2:30 amJune 26, 2024 2:31 am

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...

Can Proposition 54 and the 72-house in Print Rule Be Waived?

June 25, 2024 10:00 amJune 25, 2024 10:01 am

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...