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AID TO LOTTERIES PROHIBITED.
The Legislature shall have no power to authorize lotteries or gift enterprises for any purposes. ** (Constitution, art. IV, sec. 26.)
'EFFECT OF AMENDMENT.
Where a section or part of a statute is amended, it is not to be considered as having been repealed and re-enacted in the amended form ; but the portions which are not altered are to be considered as having been the law from the time when they were enacted, and the new provisions are to be considered as having been enacted at the time of the amendment. (Political Code, sec. 325.)
CONSTRUCTION OF STATUTES.
The general rules for the construction of statutes are contained in the preliminary provisions of the different codes. (Political Code, sec. 326.)
REPEAL OF STATUTES. Any statute may be repealed at any time, except when it is otherwise provided therein. Persons acting under any statute are deemed to have acted in contemplation of this power of repeal. (Political Code, sec. 327.)
ACT REPEALED NOT REVIVED BY REPEAL OF REPEALING ACT.
No act or part of an act, repealed by another act of the Legislature, is revived by the repeal of the repealing act without express words reviving such repealed act or part of an act. (Political Code, sec. 328.)
AMENDATORY ACT-WHEN VOID.
An act amending a section of an act repealed is void. Code, sec. 330.)
WHEN STATUTES TAKE EFFECT--THE URGENCY SECTION. No act passed by the Legislature shall go into effect until ninety days after the final adjournment of the Legislature which passed such act, except acts calling elections, acts providing for tax levies or appropriations for the usual current expenses of the State, and urgency measures necessary for the immediate preservation of the public peace, health, or safety, passed by a two-thirds vote of all of the members elected to each house. Whenever it is deemed necessary for the immediate preservation of the public peace, health or safety that a law shall go into immediate effect, a statement of the facts constituting such necessity shall be set forth in one section of the act, which section shall be passed only upon a yea and nay vote, upon a separate roll-call thereon; provided, however, that no measure creating or abolishing any office or changing the salary, term or duties of any officer, or granting any franchise or special privilege, or creating any vested right or interest, shall be construed to be an urgency measure. Any law so passed by the Legislature and declared to be an urgency measure shall go into immediate effect. (Constitution, art. IV, sec. 1, par. 4.)
WHEN JOINT RESOLUTIONS TAKE EFFECT. Every joint resolution, unless a different time is prescribed therein, takes effect from its passage. (Political Code, sec. 324.)
PART II. DRAFTING OF APPROPRIATION BILLS.
No money shall be drawn from the treasury but in consequence of appropriations made by law, and upon warrants duly drawn thereon by the Controller ; and no money shall ever be appropriated or drawn from the State treasury for the purpose or benefit of any corporation, association, asylum, hospital, or any other institution not under the exclusive management and control of the State as a State institution, nor shall any grant or donation of property ever be made thereto by the State; provided, that notwithstanding anything contained in this or any other section of this Constitution, the Legislature shall have the power to grant aid to the institutions conducted for the support and maintenance of minor orphans, or half orphans, or abandoned children, or aged persons in indigent circumstances-such aid to be granted by a uniform rule, and proportioned to the number of inmates of such respective institutions; provided, further, that the State shall have at any time the right to inquire into the management of such institution; provided, further, that whenever any county, or city and county, or city or town, shall provide for the support of minor orphans, or half orphans, or abandoned children or aged persons in indigent circumstances, such county, city and county, city, or town shall be entitled to receive the same pro rata appropriations as may be granted to such institutions under church or other control. An accurate statement of the receipts and expenditures of public moneys shall be attached to and published with the laws at every regular session of the Legislature. *** (Constitution, art. IV, sec. 22.)
GENERAL APPROPRIATION BILL-WHAT TO CONTAIN.
The General Appropriation Bill shall contain no item or items of appropriation other than such as are required to pay the salaries of
the State officers, the expenses of the government, and of the institutions under the exclusive control and management of the State. (Constitution, art. IV, sec. 29.)
SPECIAL APPROPRIATION BILL-RESTRICTED TO ONE ITEM. No bill making an appropriation of money, except the general appropriation bill, shall contain more than one item of appropriation and that for one single and certain purpose to be therein expressed. (Constitution, art. IV, sec. 34.)
RESTRICTION ON APPROPRIATIONS AND GRANTS OF AID. The Legislature shall not make an appropriation or pay from any public fund whatever, or grant anything to or in aid of any religious sect, church, creed, or sectarian purpose, or help to support or sustain any school, college, university, hospital, or other institution controlled by any religious creed, church, or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the State for any religious creed, church, or sectarian purpose whatever; provided, that nothing in this section shall prevent the Legislature granting aid pursuant to section twenty-two of this article. (Constitution, art. IV, sec. 30.)
EXTRA COMPENSATION AND PAYMENT WITHOUT EXPRESS
SANCTION OF LAW PROHIBITED. The Legislature shall have no power to grant, or authorize any county or municipal authority to grant, any extra compensation or allowance to any public officer, agent, servant, or contractor, after service has been rendered, or a contract has been performed in whole or in part, nor to pay, or to authorize the payment of, any claim hereafter created against the State, or any county or municipality of the State, under any agreement or contract made without the express authority of the law; and all such unauthorized agreements or contracts shall be null and void. (Constitution, art. IV, sec. 32.)
PREPARATION OF STATE BUDGET-CONTROLLER TO SEND OUT
BLANKS TO BE FILLED BY HEADS OF DEPARTMENTS. Not less than forty days before the beginning of each regular session of the Legislature the Controller of State shall send to the head of each administrative department of the State government and to each board or commission in charge of any educational, charitable, penal or other institution supported wholly or in part by appropriation from the State treasury, a blank form, to be filled out by such head of department, board or commission with an itemized statement of the amounts of money which, in the opinion of such head of department, board, or commission, will be required for the proper support, maintenance, extension or improvement of the department or institution in his or their charge during the two fiscal years next ensuing. The officers, boards and commissions receiving such blank forms shall return them, properly filled out and accompanied by such brief explanatory statements as they may deem proper, to the Controller not less than fifteen days before the opening of the regular session of the Legislature. (Political Code, sec. 241.)
MEMBERS - ELECT OF LEGISLATURE. The Controller of State shall, in similar manner, send a blank form to each senator and each member-elect of the Legislature, and such senator or member-elect shall in like manner return to the Controller these blanks with entries showing the appropriations which such senator or member-elect intends to propose to the Legislature. (Political Code, sec. 242.)
SAME-CLAIMS AGAINST STATE TO BE FILED WITH CONTROLLER.
Any person having a claim against the State, which requires action by the Legislature, shall file with the Controller a statement of the amount of such claim, together with a brief statement of the facts upon which it is based, not less than twenty days before the opening of the regular session of the Legislature. (Political Code, sec. 243.)
SAME_CONTROLLER TO FURNISH TABULATED STATEMENT. Within ten days after the opening of each regular session the Controller shall furnish to the Governor and to each member of the Legislature a tabulated account of the various amounts requested in the statements returned to him in accordance with sections two hundred forty-one and two hundred forty-two, and a list of the private claims filed under section two hundred forty-three. Such account shall show the several amounts asked for, the total for each department of [each] institution, the grand total, and a brief description of the purpose for each proposed appropriation. (Political Code, sec. 214.)
FORM OF APPROPRIATION BILL. SENATE BILL
No.---INTRODUCED BY SENATOR”_
19. REFERRED TO COMMITTEE ON
AN ACT TO APPROPRIATE MONEY FOR THE USE OF THE RAILROAD COMMISSION OF THE STATE
OF CALIFORNIA IN THE CONTROL OF PUBLIC UTILITIES WITHIN INCORPORATED
SECTION 1. The sum of two hundred thousand dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated to be used by the rajlroad commission of the State of California in the control of public utilities within incorporated municipalities. EXPLANATORY NOTE.
'Or Assembly. Or Mr.
PART III. DRAFTING OF CODE SECTIONS AND GENERAL
CODE SECTIONS, HOW AMENDED. When a bill amending a code section is introduced, the author of the bill shall cause the new matter, if any, to be underscored, and the place in the bill where portions of the law are proposed to be omitted, if any, to be indicated by closed brackets; provided, however, that where the subject consists of an entirely new section the words thereof need not be underscored, and when any bill introduced repeals an existing law in whole the matter repealed need not be indicated. (Senate rule No. 28, subdivision 3.)
FORM FOR BILL ADDING NEW CODE SECTION. SENATE BILL
No.---INTRODUCED BY SEXATOR”..
19---REFERRED TO COMMITTEE ON
AN ACT TO AMEND THE CIVIL CODE OF THE STATE OF CALIFORNIA BY ADDING THERETO A
NEW SECTION TO BE NUMBERED Six HUNDRED FORTY-Two a, RELATING TO
The people of the State of California do enact as follows:
SECTION 1. A new section is hereby added to the Civil Code to be numbered section six hundred forty-two a and to read as follows:
642a. EXPLANATORY NOTE.
’Or Assembly. ’Or Mr.
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FORM FOR BILL AMENDING AN EXISTING CODE SECTION.
No.---INTRODUCED BY SENATOR-
19---REFERRED TO COMMITTEE ON
SECTION 1. Section one thousand four hundred one of the Civil Code of the State of California is hereby amended so as to read when amended as follows:
1401. EXPLANATORY NOTE.
'Or Assembly. Or Mr.
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