When a resolution is passed by the California Assembly, does the resolution automatically become operative?

California, United States of America


The following excerpt is from Midway Orchards v. County of Butte, 220 Cal.App.3d 765, 269 Cal.Rptr. 796 (Cal. App. 1990):

While it is true that resolutions ordinarily take effect immediately, the reason is nearly always traceable to court-made law: 31 "The ordinary rule is that legislative enactments become operative upon their passage, unless there is some express provision of law to the contrary." (Gay v. Engebretsen (1910) 158 Cal. 21, 26, 109 P. 876.) The rule of Gay is not controlling here because it was adopted before the 1911 amendment and therefore without regard to the power of referendum. As we shall explain, the power of referendum requires that, in the absence of a statute specifying to the contrary, the "ordinary rule" of Gay be discarded with respect to resolutions constituting legislative acts subject to referendum. 32

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