Legislature – Page 5 – California Globe

Presumptions in California Legislation

April 19, 2022 10:48 amApril 19, 2022 10:54 am

There are a handful of bills each year in the California Legislature that create a “presumption” in state law. What is a “presumption?” Basically, a presumption in law is a conclusion that is drawn based upon specified facts until the...

Section 2229 Waivers in California Legislation

April 12, 2022 7:21 amApril 12, 2022 7:21 am

When readers are looking at bills that affect the California Revenue and Taxation Code, they might come across the following provision that would be near the end of a bill: Notwithstanding Section 2229 of the Revenue and Taxation Code, no...

Judge Tosses Out California Law Mandating Diversity Quotas on Boards

April 4, 2022 9:19 amApril 5, 2022 3:50 pm

Los Angeles Superior Court Judge Terry Green tossed out California’s corporate diversity law to require publicly held corporations based in the state to include racial minorities and members of the LGBTQ community on their executive boards, ruling it “unconstitutional.” The...

Gift of Public Funds Disclaimer in California Bills

March 30, 2022 7:04 amMarch 30, 2022 7:10 am

On occasion, a California bill will contain a section at the end that provides a disclaimer regarding a potential gift of public funds, which is generally prohibited under the California Constitution. A reader might come across language similar to the...

Drafting a State Holiday Bill

March 27, 2022 10:04 amMarch 27, 2022 10:10 am

In most years, there is a legislative effort to add one or more holidays in this state. Several existing laws designate specific days as holidays in the State of California. This includes the designation of holidays for state employees, bank...

The California Legislature Telling Agencies How to Apply the Law

March 26, 2022 7:59 amMarch 26, 2022 8:04 am

Most readers are familiar with the fact that the California Legislature occasionally attempts to instruct the courts on how to interpret a statute, generally by using legislative intent language, or making a finding or declaration in the hopes that the...

Statutes, State Agencies, and the CA Administrative Procedure Act

March 20, 2022 7:53 amMarch 20, 2022 8:01 am

California’s Administrative Procedure Act (APA) provides the rules and procedures that executive branch agencies and departments must following in adopting regulations. In some instances, the Legislature exempts agencies from the APA process; in other cases, the Legislature deems there to...