Micheli Files

The use of notwithstanding clauses in California legislation

Image by Vitalii Vodolazskyi

On occasion, a reader may find in a bill in the California Legislature that contains in the text of the measure a phrase similar to the following: “notwithstanding any other provision of law…”. What does this phrase mean? Why is it used? What is its purpose in a California bill?                                 

News

Legislators debate retail theft, fentanyl, Prop. 47 at Capitol Weekly crime conference

Prop. 47 co-author Lenore Anderson speaks at Capitol Weekly's Conference on Crime. Moderator Emily Hoeven, left; Sheriff Jim Cooper, right. Photo by Joha Harrison, Capitol Weekly

State lawmakers have proposed a series of bills aimed at curbing retail thefts, dealing with opioid abuse and reforming – ever so slightly – California’s landmark Proposition 47. Last week Capitol Weekly brought together a stellar group of lawmakers, law enforcement officials, advocates and others for a deep dive into these serious and complex issues.

News

San Diego Assemblymember Ward introduces ‘hate littering’ bill

Photo courtesy of California Assembly Democrats via YouTube

AB 3024, The Stop Hate Littering Act, would expand the definition of “intimidation by threat of violence” under the Ralph Civil Rights Act of 1976 to include “distribution of hateful materials on the private property of another without authorization for the purpose of terrorizing the owner or occupant of that private property or in reckless disregard of the risk of terrorizing the owner or occupant of that private property.”

Micheli Files

California legislation and defined terms

Image by BCFC

Defined terms can play an important role in any legislation. Defining words or phrases is done to provide the reader of the legislative or statutory text with clear guidance regarding how those words or phrases are to be interpreted and applied in the context of that specific text.

Podcast

Larissa May: Cyberbullying, SB 1504 and Digital Wellness

CAPITOL WEEKLY PODCAST: Our guest today, Larissa May, has become one of the leading voices in California and across the country in the quest for young people to have a healthier relationship with social media and the digital world in general. May came to this work through her own traumatic experiences as a young person overwhelmed by social media. May is the founder of #halfthestory, which works with schools, state and federal governments, and Fortune 500 companies to create new standards for digital use and to educate young people on the dangers inherent to obsessing over social media. She joined us today to share her story and to talk about a new bill – SB 1504, authored by Sen. Henry Stern – that would require social media platforms to change the way they deal with online bullying.

News

Republicans’ California losing streak comparatively not that bad

Image by Melnikov Dmitriy

While the GOP’s California drought is unquestionably bad – Republicans have lost 38 consecutive statewide contests since 2008, the worst active streak for the party in any state – it actually pales in comparison to the Democrats’ current ineptitude in more than half a dozen states.

Experts Expound

Experts Expound: What now for Katie Porter?

Photo by Sheila Fitzgerald

U.S. Rep. Katie Porter’s (D-CA), once considered a rising national star for the Democratic Party, finished a distant third in her bid for the Senate seat once held by Sen. Dianne Feinstein (D-CA).  With that in mind, we posed the following question to our panel of esteemed experts: With her campaign for U.S. Senate over and her time in the House coming to a close, where does Katie Porter go from here? 

Micheli Files

Are all California trailer bills protected against a referendum?

Image by Yuriy K

Some Capitol observers have posed the question whether budget trailer bills in the California Legislature are “shielded” or protected from a referendum challenge. The answer to this question has not been addressed by the judicial branch, but we can certainly make an educated guess. Let’s consider a few points.

News

Democrats try to change the narrative about California with retail theft bills

Assembly Speaker Robert Rivas, Assemblymembers Rick Zbur (left) and Kevin McCarty (right). Photo by Rich Ehisen

Perception is often reality in politics and, fairly or not, a series of viral videos showing criminals brazenly shoplifting from California stores has some people thinking  the Golden State has become lawless. So with law enforcement and retail interests eyeing another ballot measure to reform Proposition 47, California Gov. Gavin Newsom and legislative Democrats have opted to take on the state’s perception problem themselves, and they’re inviting Republicans along for the ride.

News

Will California follow Oregon’s ‘strategic’ approach to psychedelics?

Image courtesy of 24K-Production

There is a growing acceptance in mental health circles that some psychedelics – particularly psilocybin, MDMA, Dimethyltryptamine (DMT) and mescaline – have great promise for treating certain mental health disorders, including post-Traumatic Stress Disorder (PTSD), anxiety, and depression. But some observers fear legalizing it could kick off a psilocybin Gold Rush that emphasizes profits over patient care.

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