Posts Tagged: statute

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?                                 

Micheli Files

Legislative statutes and cases interpreting them

California law, image by Vitalii Vodolazskyi

The 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.

Analysis

The Micheli Files: California Legislature end-of-session reminders

Seal of the State of California, image by Aaron Kohr

Analysis – With the final weeks of Session upon us, several procedural items that regularly occur on the Floors of the California Legislature may be in order, from how many times a bill can be reconsidered to how many times it can be placed on call.

News

Proposition 22: California’s new labor landscape

A food delivery worker arrives at a customer's house. (Photo: Simone Hogan, via Shutterstock)

As the new year gets under way, the most significant changes in years to the state’s labor law are in effect. The landmark ballot initiative, Proposition 22, favored by six out of 10 voters in November, defines the future of “gig work” in California. It took effect just weeks ago.

Analysis

Take a letter — to the Legislature’s journals

The state Capitol in Sacramento. (Photo: Adonis Villanueva, via Shutterstock)

Lobbyists at the state Capitol have noticed a trend developing over the use of letters to the Daily Journals in the Assembly and Senate as a substitute for making bill amendments. It’s a development little noticed by the public, but it is being closely watched by those with business before the Legislature.

Analysis

A deep dive into Proposition 54

The state Capitol in Sacramento. (Photo: Feoktistoff, via Shutterstock)

By approving Proposition 54, California voters decided to shine a spotlight on the Legislature’s internal proceedings. It’s seemingly straightforward, but Proposition 54 leaves unanswered key questions of timing and transparency that will have to be resolved.

Opinion

Virginia corruption case may resonate in California

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.

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