California law, image by designer491.There are a number of publications that are regularly used by the California Legislature. Of note is that several of these publications are specified in the California Government Code.
Image by Vitalii VodolazskyiThe California Office of Administrative Law (OAL) is charged with ensuring that executive branch agency and department regulations are “clear, necessary, legally valid, and available to the public.” OAL is responsible for reviewing proposed regulations by California’s more than 200 state agencies and departments that have rulemaking authority.
Image by bangolandCalifornia Government Code Section 11350 provides that any interested person may obtain a judicial declaration regarding the validity of any regulation or order of repeal by bringing an action for declaratory relief in superior court in this state in accordance with the Code of Civil Procedure.
Image by Vitalii VodolazskyiPursuant to Article IV, Section 9 of the California Constitution, there is a requirement for each bill to have a title. The constitutional provision states: “A statute shall embrace but one subject, which shall be expressed in its title. If a statute embraces a subject not expressed in its title, only the part not expressed is void. A statute may not be amended by reference to its title.”
Image by r.classenThere are a lot of practical tips for working with the attorneys at the OLC. While some of these recommendations may seem obvious, many of them bear repeating.
California law, image by Vitalii VodolazskyiThe California Government Code contains a number of provisions related to the Legislature and the lawmaking process. There have been numerous court decisions over the past one hundred years interpreting key provisions of the Government Code. The following cases highlight some of the key decisions interpreting these statutory provisions related to the California Legislature and its legislative process.
Seal of the State of California, image by Aaron KohrANALYSIS – At the end of a California Legislative Session, Capitol observers will hear about the need to have “chaptering out amendments” adopted. However, that is not the correct term to use. “Chaptering out” is the problem that needs to be addressed by amendments, and “double-jointing amendments” are the solution to that problem.
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.
Former Virginia Gov. Bob McDonnell at a GOP fund raising event for Mitt Romney. (Photo: Mavrick, Shutterstock)OPINION: The U.S. Supreme Court’s recent decision to vacate the bribery conviction of former Virginia Gov. Bob McDonnell has implications for California and its anti-corruption statute. The trial jury found that McDonnell performed official acts in exchange for gifts. But the Supreme Court decided that the jury was incorrectly instructed on the definition of the “official act” element of the federal corruption statute.