Image by Yuriy KSome 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.
Image by MehaniqOPINION – As a nearly 30-year career firefighter, responding to countless man-made and natural disasters, I know better than most Californians how crucial stable funding is in our ability to remain fully staffed and prepared at all times. Californians count on our readiness to minimize injury, property damage and loss of life in a crisis. If a dangerous ballot initiative prevails in November, California’s public safety response will be in peril.
Image by Dmitry DemidovichIn the key case to discuss the use of legislative intent materials, we find clear guidance provided by the decision. The appellate court issued its written decision on August 30, 2005 and, since then, it has been cited affirmatively more than 80 times.
Image by Ray BuseWhen drafting initiative measures, there are several instances of standard language contained in those initiative measures. This article takes a brief look at several examples of that standardized language.
California law, image by Vitalii VodolazskyiIn California, as in most states, a statute is presumed to operate prospectively. Quarry v. Doe I (2012) 53 Cal.4th 945, 955. In construing statutes, there is a presumption against retroactive application 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 Legislature intended retroactive application of the statute.
Image by TungCheungMICHELI FILES: Resorting to legislative history is generally appropriate only where statutory language is ambiguous. As the California Supreme Court has said, “Our role in construing a statute is to ascertain the Legislature’s intent so as to effectuate the purpose of the law.
California law, image by Vitalii VodolazskyiANALYSIS – 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.
Capitol and flag, by Karin Hildebrand LauANALYSIS – 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.
Illustration of a talent agent's files. (Image: Olivier Le Moal, via Shutterstock)OPINION:Every day, California’s contractors negotiate written and oral contracts for clients and other third parties. So do art dealers, retail store clerks, car brokers, insurance, real estate and talent agents, auctioneers, architects and others. If the state Supreme Court refuses review on a recently published 2nd District Court of Appeals decision, any of those transactions done without an attorney signing off on the terms will be unlawful.
A vehicle for Lyft and Uber awaits customers in Redwood City. (Photo: Sundry Photography, via Shutterstock)Proposition 22 has ignited the most expensive ballot proposition fight in California history, exemplifying the emerging 21st century battle of traditional employment-vs.-the gig economy. Meanwhile, the Trump administration is poised to weigh in.