In recent blogs, I've attempted to explain the reasons for a phenomenon that we'll be seeing from now until August 31.  Why August 31?  We are in the second year of the biennium of the legislative session.  Under the California Constitution (Art. IV, Sec. 10(c)), no bill may be passed on or after September 1 of an even-numbered year other than statutes calling elections, providing for tax levies appropriations, urgency statutes, and bills passed after a gubernatorial veto.  The looming August 31 deadline means that legislators and sponsors are scrambling by fair means or foul to get their bills passed.

Another example of a recent gut and amend is AB 2498 (Skinner).   That bill started life as a spot bill amending the Section 2840.6 of the Public Utilities Code.  Two weeks ago, the bill was gutted and amended, among other things to make a penalty imposed by the Franchise Tax Board for promoting abusive tax shelters and aiding and abetting understatement of tax liability grounds for disbarment or suspension of an attorney.

AB 919 (Nava), which was discussed in my June 29 blog failed to pass out of the Senate Banking, Finance & Insurance Committee and I've been told by the author's office that he considers the bill "dead".  However, I wouldn't be surprised if the idea is resurrected before the end of the session.

For one academic's view of the gut and amend process, see the following Op Ed by Professor Galles at Pepperdine.

In a future blog, I'll cover the legislative rules on germaneness.