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Frequently Asked Questions about California Constitution Article XXII

Frequently Asked Questions about California Constitution Article XXII  By Chris Micheli             How many sections does Article 22 have? This article contains two sections. What does Article 22 relate to? It relates to architectural and engineering services. Can state and local governments contract with private entities for certain services? Section 1 establishes that the State of California and all other governmental entities including, but not limited to, cities, counties, cities and counties, school districts and other special districts, local and regional agencies and joint power agencies, must be allowed to contract with qualified private entities for architectural and engineering services for all public works of improvement. Are there any limitations for government contracting with private entities for certain services? Section 2 provides that nothing contained in Article VII of the state Constitution is to be construed to limit, restrict or prohibit the State or an
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Frequently Asked Questions about California Constitution Article XXXV

Frequently Asked Questions about California Constitution Article XXXV  By Chris Micheli             How many sections does Article 35 have? This article contains seven sections. What does Article 35 relate to? It relates to medical research.             What type of institute is created by the state Constitution? Section 1 establishes the California Institute for Regenerative Medicine. What is the purpose of this institute? Section 2 provides that the Institute has the following purposes: (a) To make grants and loans for stem cell research, for research facilities, and for other vital research opportunities to realize therapies, protocols, and/or medical procedures that will result in, as speedily as possible, the cure for, and/or substantial mitigation of, major diseases, injuries, and orphan diseases. (b) To support all stages of the process of developing cures, from laboratory research through successful clinical trials. (c) To establish the appropriate regulatory standa
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Frequently Asked Questions about California Constitution Article XV

Frequently Asked Questions about California Constitution Article XV  By Chris Micheli             How many sections does Article 15 have? This article contains one section. What does Article 15 relate to? It relates to usury.             What is the rate of allowable interest? Section 1 provides that the rate of interest upon the loan or forbearance of any money, goods, or things in action, or on accounts after demand, is 7 percent annually. But parties to any loan or forbearance of any money, goods or things in action may contract in writing for a rate of interest as specified in this section. Can there be any additional charges levied? Section 1 prohibits any person, association, copartnership or corporation from charging any fee, bonus, commission, discount or other compensation received from a borrower more than the interest authorized by this section upon any loan or forbearance of any money, goods or things in action. What is the rate of interest for legal judgments
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Frequently Asked Questions about California Constitution Article XXI

Frequently Asked Questions about California Constitution Article XXI  By Chris Micheli             How many sections does Article 21 have? This article contains three sections. What does Article 21 relate to? It relates to redistricting. When must redistricting in California take place? Section 1 states that, in the year following the year in which the national census is taken under the direction of Congress at the beginning of each decade, the Citizens Redistricting Commission must adjust the boundary lines of the congressional, State Senatorial, Assembly, and Board of Equalization districts (also known as “redistricting”) in conformance with the standards and process set forth in this article. Which entity is charged with redistricting in this state? Section 2 specifies that the Citizens Redistricting Commission was created by December 31, 2010, and in each year ending in the number zero thereafter. How does the commission conduct its redistricting work? Section 2 prov
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Frequently Asked Questions about California Constitution Article III

Frequently Asked Questions about California Constitution Article III  By Chris Micheli             How many sections does Article 3 have? This article contains nine sections: What does Article 3 relate to? It relates to the State of California. What is the relationship between California and the country? Section 1 specifies that the State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land. What is the geographic area of the state? Section 2 states that the boundaries of California are those stated in its Constitution of 1849 as modified by statute and that Sacramento is the capital of California. What is the separation of powers? Section 3 provides that the powers of state government are legislative, executive, and judicial and that persons charged with the exercise of one power may not exercise either of the others, except as permitted by this Constitution. What is the authority of ad
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Frequently Asked Questions about Governor’s Line-Item Veto Authority

Frequently Asked Questions about Governor’s Line-Item Veto Authority  By Chris Micheli Where is the Governor’s line-item veto authority found? In Subdivision (e) of Section 10 of Article IV of the California Constitution, the Governor is granted the line-item veto authority for the budget and appropriations bills. Is this authority the same on the federal and state levels? No, while the Governor of California has this authority, the President of the United States does not have such authority. What is the language of this constitutional authority? The following is the language of this constitutional provision:   (e) The Governor may reduce or eliminate one or more items of appropriation while approving other portions of a bill. The Governor shall append to the bill a statement of the items reduced or eliminated with the reasons for the action. The Governor shall transmit to the house originating the bill a copy of the statement and reasons. Items reduced or elimina
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Frequently Asked Questions about Rulemaking Appeals to the Governor

Frequently Asked Questions about Rulemaking Appeals to the Governor  By Chris Micheli             When and why does a regulatory agency appeal certain decisions to the Governor’s Office? While the last time occurred in 2007, a state agency can appeal the rejection of a regulation by the Office of Administrative Law (OAL). What must OAL do with a regulation submitted to it? OAL must either approve a regulation submitted to it for review and transmit it to the Secretary of State for filing, or disapprove it, within 30 working days after the regulation has been submitted to OAL. What is the basis for OAL to disapprove a regulation? A regulation cannot be disapproved by OAL unless the regulation failed to comply with one or more of the six statutory standards of review, or other provisions of the APA. Can OAL’s decision be reviewed? Yes, first, the adopting agency must file a written Request for Review with the Governor’s Legal Affairs Secretary within 10 days of receipt of the
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