Chris Micheli – Page 124 – California Globe

LA Superior Court Strikes Down SB 9 – Housing Approvals: A Lesson in Legislative Drafting

May 2, 2024 4:14 pmMay 2, 2024 4:14 pm

On April 22, 2024, a Los Angeles Superior Court judge struck down Senate Bill 9 (Atkins), which was enacted in 2021 as Chapter 162. SB 9 dealt with approvals for housing development. According to the Assembly Floor analysis, SB 9...

Frequently Asked Questions about the Single Subject Rule and Initiatives

May 2, 2024 2:30 amMay 2, 2024 2:31 am

Is there a single subject rule for initiatives? Yes, Section 8(d) of Article II provides, “An initiative measure embracing more than one subject may not be submitted to the electors or have any effect.” Is there a single subject rule...

Frequently Asked Questions about Knowing When an Initiative Is Being Amended

May 1, 2024 2:30 amMay 1, 2024 2:31 am

Can an initiative measure be amended by the Legislature? Yes, Article II, Section 10 of the California Constitution provides in Subdivision (c): The Legislature may amend or repeal a referendum statute. The Legislature may amend or repeal an initiative statute...

Frequently Asked Question about What Is Subject to Referendum

April 30, 2024 2:30 amApril 30, 2024 2:31 am

What is the referendum? It is “the power of the electors to approve or reject statutes or parts of statutes.” What types of statutes are not subject to a referendum? They are urgency statutes, statutes calling elections, and statutes providing...

Frequently Asked Questions about Voting on a Recall Petition

April 29, 2024 7:23 amApril 29, 2024 7:23 am

What is the recall? It is defined as the “the power of the electors to remove an elective officer.” Where is the authority for a recall? It is found in the California Constitution in Article II, Section 13. How is...

Should Interpretive Guidance Be Included in California Legislation?

April 28, 2024 2:30 amApril 28, 2024 2:31 am

General statements of legislative intent may or may not be helpful. Why? First, they are of limited value to the courts. For example, a recent California appellate court decision stated: “Legislative findings and statements of purpose in a statute’s preamble...

Legislative Intent Does Not Equate to a Mandate

April 27, 2024 2:30 amApril 27, 2024 2:31 am

I am not sure if it is because of the budget situation and a desire to reduce costs for a bill, or a misunderstanding about intent versus statutory language, but those involved in the California Legislature and its legislative process...