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Showing posts from May, 2024

Frequently Asked Questions about Possible Influences on State Agencies

Frequently Asked Questions about Possible Influences on State Agencies  By Chris Micheli             How does the Governor influence state agencies? If the agency is within the line authority of the Governor, or if the Governor appoints the director of the entity, the Governor can issue directives to the agency or to the CEO. If the Governor appoints all or some of the governing board members of an independent agency, the Governor can influence these appointees. How does the Legislature influence state agencies? First, when conferring the power or authority to regulate, the Legislature can choose to grant a broad scope of authority or a very limited grant of authority. Second, another key function of legislative bodies is the role of oversight. Third, through the annual budget process, the Legislature can exert influence by providing or removing funding or by adopting “budget control language” that specifically directs ag...

Frequently Asked Questions about California Bills with Different Vote Requirements

Frequently Asked Questions about California Bills with Different Vote Requirements  By Chris Micheli             How many possible vote requirements are there for bills in the California Legislature? There are six possible vote thresholds required for passage of bills in order to enact a statute. Which bills require a 55% vote? In the 2023 Session, there was one bill that required a 55% vote for passage. Since 1999, there have been 6 bills that require a 55% vote for passage. This higher vote threshold is required for bills amending Prop. 63 from 2016, the Safety for All Act of 2016, which makes it a crime for a person to possess a large-capacity magazine. Which bills require a 70% vote? In the 2023 Session, there were not any bills that required a 70% vote for passage. Since 1999, there have been 6 bills that require a 70% vote for passage. This higher vote threshold is required for bills amending Prop. 71 from 2004, ...

Frequently Asked Questions about Comparing Federal and State Executive Branches

Frequently Asked Questions about Comparing Federal and State Executive Branches  By Chris Micheli Where are the executive branches of government established? The U.S. President and the California Governor draw their authority from the federal and state constitutions concerning their respective roles in the lawmaking process. Federal and state statutes also provide additional duties and responsibilities for the chief executives in the adoption of laws.   Do the chief executives provide updates to the legislative branch? Both the President and the Governor make major policy addresses to their respective legislative bodies (e.g., the State of the State speech each January by the Governor and the State of the Union speech each January by the President) that establish the priorities of the chief executives. Can the chief executive can the legislative branch into special session? Both the President and the Governor can call the legislative branch into extraordinary session ...

Frequently Asked Questions about Comparing Federal and State Legislative Branches

Frequently Asked Questions about Comparing Federal and State Legislative Branches  By Chris Micheli Where is the Congress established in law? The Constitution of the United States (Article I, Sections 1-10) spells out the authority of Congress to make laws. Is the Congress of power limited? Congress’ authority cannot conflict with the 10 th Amendment to the Constitution. The 10 th Amendment to the U.S. Constitution provides: “The powers not delegated to the United States, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” Where is the California Legislature established in law? The California Constitution (Article IV) and the state Government Code (Sections 9000-10606) establish the Legislature, as well as some of the procedures by which legislation is proposed, considered, and acted upon at the state level. Do political parties play a role in the legislative branch? In both Congress and the Legislature, the political partie...

Frequently Asked Questions about State and Federal Judiciaries

Frequently Asked Questions about State and Federal Judiciaries  By Chris Micheli             Where is the federal court system created? The federal courts are established in Article III of the United States Constitution. Where is the state court system created? The state courts are established in Article VI of the California Constitution.             What is the first provision of Article 3 of the federal constitution? Section 1 vests the judicial power of the country in the Supreme Court and the “inferior courts” (or lower courts) that Congress establishes. It also specifies that there are no term limits for federal judges. And, it establishes the chief justice, but not the size of the supreme courts or other specific positions. How many courts are there in the federal system? Congress has used its power to establish the 13 U.S. Courts of Appeals, the 94 U.S. D...

Frequently Asked Questions about the California Constitution Article XIX

Frequently Asked Questions about the California Constitution Article XIX  By Chris Micheli             How many sections does Article 19 have? This article contains ten sections. What does Article 19 relate to? It relates to motor vehicle revenues. Is there a prohibition on the use of motor vehicle revenues in this state? Section 1 prohibits the Legislature from borrowing revenue from the Highway Users Tax Account, or its successor, and they cannot use these revenues for purposes other than those specifically permitted by this article. How are motor vehicle revenues distributed? Section 2 specifies that revenues from taxes imposed by the State on motor vehicle fuels for use in motor vehicles upon public streets and highways, over and above the costs of collection and any refunds authorized by law, must be deposited into the Highway Users Tax Account, which is a trust fund, and will be allocated monthly in accordance...

Frequently Asked Questions about the California Constitution Article XIIIA

Frequently Asked Questions about the California Constitution Article XIIIA  By Chris Micheli             How many sections does Article 13A have? This article contains seven sections. What does Article 13A relate to? It relates to tax limitations. Is there a cap on property taxes in this state? Section 1 states that the maximum amount of any ad valorem tax on real property cannot exceed 1% of the full cash value of the property. How are property taxes collected and distributed? Section 1 provides that the 1% tax is to be collected by the counties and apportioned according to law to the districts within the counties. What is the full cash value of property? Section 2 defines the term “full cash value” to mean the county assessor’s valuation of real property as shown on the 1975–76 tax bill under “full cash value” or, thereafter, the appraised value of real property when purchased, newly constructed, or a change in...

Frequently Asked Questions about California Constitution Article I

Frequently Asked Questions about California Constitution Article I  By Chris Micheli             How many sections does Article 1 have? This article contains thirty-two sections. What does Article 1 relate to? It relates to the declaration of rights. Are certain individual rights protected by the state Constitution? Section 1 states that all people are by nature free and independent and have inalienable rights and among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. Is there a right to free speech? Section 2 provides that every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. Also, a law may not restrain or abridge liberty of speech or press. Is there a right of assembly and petition? Section 3 specifies that the people have ...

Frequently Asked Questions about California Constitution Article VI

Frequently Asked Questions about California Constitution Article VI  By Chris Micheli             How many sections does Article 6 have? This article contains twenty-three sections. What does Article 6 relate to? It relates to the judicial branch of state government.   Who is given the judicial power of the state? Section 1 provides that the judicial power of the state is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record.   Who composes the state supreme court? Section 2 provides that the Supreme Court consists of the Chief Justice and 6 associate justices and the agreement of four judges present at the argument is necessary for a judgment.   How do the courts of appeal operate in California? Section 3 provides that the Legislature must divide the state into districts with each containing a court of appeal with one or more divisions and that...