Analysis
ANALYSIS – One of the controversial occurrences during the annual California Legislative Session is so-called “gut-and-amend” bills, or replacing the bill’s contents with a subject which is entirely unrelated to the original contents of the bill. Such amendments raise the legislative issue of “germaneness,” which refers to whether a proposed amendment is relevant to the subject matter currently contained in the measure.
Analysis
ANALYSIS – Both the Assembly and Senate of the California Legislature, like other legislative bodies, utilize several rules, as well as customs and practices, for the purpose of ensuring that legislative deliberations and debate operate in a civil and orderly way. The individual house rules, as well as Mason’s Manual of Legislative Procedure, provide guidance in this regard.
Analysis
ANALYSIS – On occasion, California legislators include statements of intent, or make findings and declarations, in their bills. When reviewing these bills, readers will see that, in most instances, these statements are “uncodified,” meaning that they are not codified (i.e., placed in a Code). In more limited cases, these statements are codified along with the other, substantive statutory provisions. This raises the question whether these legislative statements should be codified or not.
Analysis
ANALYSIS – The Enrolled Bill Rule is based upon the separation of powers doctrine. However, the EBR should not be used anymore to prevent a challenge that constitutional provisions or state statutes were allegedly violated when the Legislature enacted a bill.
Analysis
ANALYSIS – According to the courts, the purpose of the constitutional reenactment rule, which prohibits amending a section of statute unless the section is reenacted as amended, is “to avoid enactment of statutes in terms so blind that legislators themselves are deceived in regard to their effect.”
Analysis
ANALYSIS – There is often confusion regarding effective versus operative dates. Specifically, Capitol observers often inquire when a statute actually “takes effect.” When it takes effect can be different than when the statute is operative.
Analysis
ANALYSIS – Around the country, and at the federal level, there is an ongoing debate among legislative lawyers whether a severability clause must be included in legislation.
Analysis
Each bill in the California Legislature contains certain, required features such as an enacting clause, a title, the author’s name, a bill number, and the Legislative Counsel’s Digest, among other provisions.
Analysis
Many questions can be raised when determining how intent statements, legislative findings and declarations should be viewed, particularly by the judicial branch of state government.
Analysis
California’s Governor has three options when the Legislature sends the Governor a bill: Sign it; veto it; or, allow the bill to become law without the Governor’s signature.
California law, image by Vitalii Vodolazskyi
