Trademarks Law in Guam (US)
§ 1. Legislative power
Vests the legislative power of the State of California in the California Legislature, consisting of:
Senate
Assembly
Reserves the powers of initiative and referendum to the people.
Means the Legislature cannot override the people's initiative powers.
§ 2. Membership, election, terms
Senate: 40 members, 4-year terms (staggered).
Assembly: 80 members, 2-year terms.
Legislators must meet residency and citizenship requirements.
Vacancies filled by special election or as provided by law.
§ 3. Open and public meetings
All legislative meetings must be open and public.
Known as the “Sunshine Clause.”
Proceedings can only be closed for narrow reasons (e.g., security).
§ 4. Compensation
Salaries set by the California Citizens Compensation Commission, not by the Legislature itself.
Prevents self-dealing.
§ 5. Organization
Each house chooses its officers.
Judge of qualifications/elections of its members.
Can expel a member with a 2/3 vote.
§ 6. Sessions
Legislature meets in regular session annually.
Governor may call special sessions for limited subject matters.
§ 7. Rules; proceedings; publication
Each house adopts rules with a 2/3 vote.
Journals of proceedings must be published.
Votes on bills must be recorded.
§ 7.5. Conflict of interest
Prohibits legislators from participating in decisions where they have a financial interest.
§ 8. Bills
Bills must be introduced in writing, read three times, and passed by both houses.
Bills cannot cover more than one subject, which must be clearly expressed.
Ensures transparency and prevents “logrolling.”
§ 8.5. Urgency statutes
Urgency statutes take immediate effect, but require:
A 2/3 vote in each house.
Finding that the law is necessary for public peace, health, or safety.
Cannot create or abolish offices or change criminal penalties.
§ 9. Restrictions on bills; appropriations
Prohibits certain bills, including:
Special legislation when general law is applicable.
Bills granting extra compensation after service rendered.
Appropriation bills for state expenses must originate in the Assembly (similar to federal model).
§ 10. Passage of bills; governor’s approval
After passing both houses, bills go to the Governor.
Governor may sign, veto, or return with objections.
Legislature can override veto with 2/3 in each house.
§ 10(a). Line-item veto (for appropriations)
Governor may veto specific items in appropriation bills.
Legislature may override each item separately.
§ 11. Local government powers
Allows the state to delegate functions to counties/cities.
Limits special legislation targeting specific localities unless justified.
§ 12. Appropriation bills
Governor must submit a proposed budget.
Legislature may not send the budget bill to the Governor more than 15 days before July 1 unless required.
§ 13. Legislative committees
Both houses may create committees.
Joint committees allowed.
Committees may hold hearings and conduct investigations.
§ 14. Audit powers
Grants the Legislative Auditor authority to audit state agencies.
Ensures financial accountability.
§ 14.1 & § 14.2. Citizen Redistricting Commission
Provides structure for how Assembly, Senate, Congressional, and Board of Equalization districts are drawn.
Independent commission drafts maps to minimize partisan gerrymandering.
§ 15. Impeachment
Assembly has power of impeachment.
Senate conducts trial.
2/3 vote required for conviction.
§ 16. Privileges of legislators
Legislators are privileged from arrest during session, except for felonies.
Protects speech and debate immunity.
§ 17. Disqualification from civil office
Legislators cannot hold other civil offices during their terms.
Prevents conflicts of interest.
§ 18. Legislative ethics
Legislature must enforce conflict-of-interest rules.
Ethics committees may discipline members.
§ 19. Lotteries
Authorizes state-controlled lotteries.
Prohibits private lotteries.
§ 20. Tribal gaming
Recognizes federally recognized tribal governments’ authority to operate gaming under compacts.
§ 21. Delegation of powers
Legislature may delegate certain powers to local agencies but cannot delegate core legislative power.
§ 22. State lottery revenues
Specifies that lottery revenues primarily support public education.
§ 23. Initiative and Referendum
Allows voters to propose statutory or constitutional changes.
Allows voters to approve or reject statutes passed by the Legislature.
§ 24. Appropriation limits (Gann Limit)
Restricts state and local government appropriations based on spending formulas tied to population and inflation.
§ 25. Public retirement systems
Protects public pension rights.
Constitutionalizes certain pension funding principles.
§ 26. Claims against the state
Legislature must create mechanisms for handling financial claims against the state.
§ 27. Water resources
Authorizes state involvement in water projects and conservation.
§ 28. Miscellaneous provisions
Includes provisions preventing state involvement in insider financial practices and other restrictive clauses.
SIX IMPORTANT CASE LAWS INTERPRETING ARTICLE IV
1. Howard Jarvis Taxpayers Assn. v. Padilla (2016)
Concern: Legislature's authority over initiative/referendum processes.
Holding: Legislature cannot unreasonably delay or obstruct the people’s exercise of initiative power.
Relevance: Reinforces § 1 (people’s reserved powers).
2. People v. Bunn (2002)
Issue: Whether Legislature can reenact legislation invalidated by initiative.
Holding: Legislature may not amend or repeal initiatives without voter approval unless initiative expressly allows it.
Relevance: § 1 and § 23 (initiative authority).
3. St. John’s Well Child & Family Ctr. v. Schwarzenegger (2010)
Issue: Governor’s line-item veto power.
Holding: Governor may use an item veto even after budget bill is enacted, subject to constitutional limits.
Relevance: § 10 & § 10(a) (veto power).
4. American Academy of Pediatrics v. Lungren (1997)
Issue: Whether Legislature may enact laws infringing on state constitutional rights.
Holding: Legislature cannot violate state constitutional rights regardless of policy purpose.
Relevance: Clarifies implicit limits on legislative power under § 1.
5. Legislature v. Deukmejian (1983)
Issue: Governor’s power to veto redistricting bills.
Holding: Governor can veto redistricting plans; Legislature must follow standard legislative procedures.
Relevance: § 8, § 10, redistricting powers.
6. Fair Political Practices Commission v. Superior Court (1979)
Issue: Enforcement of conflict-of-interest laws for legislators.
Holding: State has constitutional authority to regulate legislative ethics.
Relevance: § 7.5 (conflicts of interest) and § 18 (ethics rules).
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