Chris Micheli – Page 82 – California Globe

California Courts and the Governor’s Emergency Proclamations

January 2, 2025 2:30 amJanuary 2, 2025 2:31 am

Article IV, Sections 3(b) and 10(f) deal with the Governor’s power to issue emergency proclamations related to special sessions. How have the California courts review this power? “Plaintiffs last contend that Assembly Bill 1X 26 is unconstitutional under Article IV,...

High Road Jobs in Transportation Public Contracting

January 1, 2025 2:30 amJanuary 1, 2025 2:31 am

California’s Public Contract Code, in Division 2, Part 1, Chapter 6.8, concerns certain public contracts and grants in the transportation sector. Section 6980 names the chapter the “High Road Jobs in Transportation-Related Public Contracts and Grants Pilot Program.” Section 6981...

California’s Military Academies

December 31, 2024 9:23 amDecember 31, 2024 9:23 am

The Military and Veterans Code, Division 2, Part 2, Chapter 2, provides for military academies under the California Cadet Corps and voluntary organizations. Section 530 states that, in any military academy, having not less than 80 students, uniformed, drilled, and instructed...

California Courts and Presentation of Fiscal Bills to the Governor

December 31, 2024 2:30 amDecember 31, 2024 6:35 am

Article IV, Section 12(c)(4) of the California Constitution requires appropriations bills to be presented to the Governor for final action after the Budget Bill has been enacted. How have California courts viewed this requirement? One case explores the actual timing...

California Courts and Prospective Application of Laws

December 30, 2024 2:30 amDecember 30, 2024 2:31 am

California courts follow the statutory construction principle that statutes are to be applied prospectively unless there is clear evidence that the Legislature intended retroactive application as well. What are some recent appellate court statements on the topic of prospective application...

State Agency Design Build Projects

December 29, 2024 2:30 amDecember 29, 2024 2:31 am

In Public Contract Code Division 2, Part 2, Chapter 1, Article 6, it provides for state agency design-build projects. Section 10187 contains legislative findings and declarations that the design-build method of project delivery, using a best value procurement methodology, has...

Electronic Records Under the Commercial Code

December 28, 2024 2:30 amDecember 28, 2024 2:31 am

California’s Commercial Code, in Division 12, deals with controllable electronic records. Section 12101 names this division as the “Uniform Commercial Code—Controllable Electronic Records.” Section 12102 defines the following terms: “controllable electronic record,” “qualifying purchaser,” “transferable record,” and “value.” In addition,...