Image by Vitalii VodolazskyiOn 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?
Image by BCFCDefined 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.
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.
Assembly Speaker Robert Rivas, Assemblymembers Rick Zbur (left) and Kevin McCarty (right). Photo by Rich EhisenPerception 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.
Image by Green AppleOPINION – Non-opioids could have a life changing impact on the approximately 5 million Americans living with opioid use disorder today, but they could also be an invaluable tool in our effort to effectively treat acute pain patients. This is an incredible opportunity, but we will only realize the full benefits of non-opioids if we make them easily accessible to the public – meaning it’s time for a legislative solution.
Image by Sonis PhotographyOPINION – California’s overdose crisis has ignited fear in the hearts of parents across the state. The thought of our youth being exposed to substances like fentanyl causes anxiety and concern. While Governor Newsom and the California Department of Public Health have taken steps to address the overdose crisis through the statewide standing order for naloxone, it’s clear that this alone is not sufficient.
Image by Sebastian DudaOccasionally I have been asked whether the Legislature’s adopted rules – the Assembly Rules, Senate Rules, and Joint Rules – have equal standing as legislative process rules found in the California Constitution. This question is particularly relevant because these three sets of legislative rules flow from a specific grant of authority in the state Constitution.
Image by zimmytwsAfter effectively rewriting the rules of American college athletics with her SB 206 in 2019 – a bill that made California the first state to give student athletes the right earn money from the use by their schools of their name, image and likeness (NIL) – Sen. Nancy Skinner has introduced new legislation (SB 906) seeking to bring some transparency to what has become a Gold Rush for some college athletes and their schools.
Image by Edward FieldingOPINION – Since the passage of the federal Infrastructure Investment and Jobs Act (IIJA) in 2021, and the state’s passage of Senate Bill 1 in 2017, California is investing record amounts to improve our state’s long-neglected and deteriorating transportation infrastructure system. This balanced approach to transportation infrastructure funding is the right approach to address the needs of residents in a state as large and diverse as California.
Image by Jacob LundOPINION – By December, 73 out of 120 state legislators will have left the building in just two years. As term limit reform kicks in, some critics have grumbled that this turnover is damaging, because we’re losing established leaders and decades of accumulated experience. What’s being overlooked is the leadership and experience we’re gaining.