California Legislature – Page 27

U.S. Business Bankruptcies Up 40% Since January 2023; Small Biz up 60%

July 9, 2024 2:45 amJuly 9, 2024 2:46 am

The American Bankruptcy Institute has bad news: Small business Chapter 11 business reorganization bankruptcy filings increased 60 percent from April 2023 to April 2024. Commercial Chapter 11 business filings increased 40 percent from April 2023 to April 2024, with high...

Can Any Bill Call an Election?

July 3, 2024 6:14 pmJuly 3, 2024 6:14 pm

In June 2024, we saw two bills that contain a provision to call an election. Both bills contain a “plus” section at the end of the bill, which is an uncodified statute, stating the following: “this act calls an election...

Frequently Asked Questions about Gifts and Honoraria and California Legislators

July 2, 2024 2:30 amJuly 2, 2024 2:31 am

What does the state Constitution say about gifts and honoraria for legislators? The California Constitution, in Article IV, Section 5, prohibits any honorarium being paid and limits gifts being made to state legislators. Government Code Title 9 (Political Reform), Chapter...

Language Needed for a Prop. 98 Suspension Bill

July 1, 2024 6:29 amJuly 1, 2024 6:29 am

On occasion, the California Legislature and Governor decide to suspend the voter-approved minimum school funding guarantee, Prop. 98, when the state’s finances require it. Under Prop. 98, the state Constitution requires the state to apply a minimum amount of funding...

AB 247 – Proposed School Facilities Bond for Statewide Ballot

June 30, 2024 10:36 amJune 30, 2024 10:36 am

Late night on June 29, final amendments were made to Assembly Bill 247 to place an education facilities bond on the November 5, 2024 General Election Ballot. AB 247 is jointly authored by 3 Assembly Members and 2 Senators, and...

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...

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...