Today’s podcast is a little bit different. Not only does today’s post feature video, rather than audio, it also features two of my colleagues – Robert Moutrie (Policy Advocate at the California Chamber of Commerce) and Laura Curtis (Legislative Advocate). I discuss with them their advice for lobbying committee staff and committee members in the
The Legislative Counsel’s Digest
All measures in the California Legislature are required to prominently display the Legislative Counsel’s Digest on the front page of the bill. So, what is this required section of every measure?
According to the Legislative Counsel’s glossary of terms, the Digest is prepared by the Legislative Counsel and it summarizes the effect of a proposed
California’s Reenactment Rule
What is California’s reenactment rule? The state’s constitution, in Article IV, Section 9, states, “ A section of a statute may not be amended unless the section is reenacted as amended.” But what exactly does that mean?
The courts have determined that the purpose of the reenactment rule is to avoid enacting statutes in
Why A Bill May Be Declared Unconstitutional
On occasion, California statutes can be challenged in either state or federal court with the argument that the statute violates the California or United States Constitutions. So, on what bases can a statute be declared unconstitutional?
One basis is vagueness. Essentially, the standard here is whether or not the statute is written with a
California’s Revolving Door Prohibitions
The so-called revolving door in politics – elected officials leaving public service to work in the private sector lobbying their former colleagues – is no secret. In California, we have a number of rules and laws to slow the so-called revolving door. The rules can be found in Article IV, Section 5(e) of California’s
2020 California Initiative Forum
Every election year, McGeorge Associate Dean Mary-Beth Moylan teaches the California Initiative Seminar. In it, students analyze every Proposition on the California ballot. That work culminates in the publishing of the California Initiative Review, the California Initiative Review – Initiatives At-A-Glance, and the California Initiative Forum. All of these resources are made available
Are Legislative Findings and Declarations Necessary?
Sometimes, when reviewing California bills, you come across legislative findings and declarations. What are these, and are they necessary? There are essentially two schools of thought for the second question, but let’s first address what these are.
Sometimes bills will contain the equivalent of what we call a preamble, or a declaration of purpose.
Can Legislative Intent Language Override Statutory Language?
Today I’ll consider the question of whether legislative intent language can overcome statutory language. I’ve seen instances in the California Legislature where a bill contains both statutory changes – language that adds, amends, or repeals Code Sections – as well as legislative intent statements – usually in the form of findings and declarations.
In
Commonly Heard Phrases on the Floors of the California Legislature
As capitol observers watch the floor sessions, and sometimes even committee hearings, of the California State Assembly and State Senate they come across some commonly used phrases. Let’s take a look at what those phrases mean.
Parliamentary Inquiry
This is used by a member of the Senate or the Assembly during a legislative proceeding
The Difference Between Adjourning and Adjourning Sine Die in the California Legislature
When the California Legislature adjourned its 2020 session in the early morning hours of September 1st, many observers mistakenly called it adjournment sine die. However, it is worth noting that there is a distinction between adjournment and adjournment sine die.
The Legislative Counsel’s Glossary of Terms defines adjournment as “terminating a meeting