HOWARD JARVIS TAXPAYERS ASSN. v. BOWEN

No. C071506.

212 Cal.App.4th 1298 (2013)

151 Cal. Rptr. 3d 762

HOWARD JARVIS TAXPAYERS ASSOCIATION et al., Petitioners, v. DEBRA BOWEN, as Secretary of State, etc., Respondent; CALIFORNIA LEGISLATURE et al., Real Parties in Interest.

Court of Appeals of California, Third District.

January 18, 2013.


Attorney(s) appearing for the Case

Bell, McAndrews & Hiltachk, Charles H. Bell, Jr. , and Brian T. Hildreth for Petitioners.

Nielsen, Merksamer, Parrinello, Gross & Leoni, Steven A. Merksamer , Richard D. Martland and Kurt R. Oneto for California Chamber of Commerce as Amicus Curiae on behalf of Petitioners.

Kamala D. Harris , Attorney General, Douglas J. Woods , Assistant Attorney General, Peter A. Krause and Ross C. Moody , Deputy Attorneys General, for Respondent.

Remcho, Johansen & Purcell, Thomas A. Willis, in pro. per.; and Karen Getman for Real Party in Interest Thomas A. Willis.

Diane F. Boyer-Vine , Jeffrey A. DeLand , Robert A. Pratt ; Strumwasser & Woocher, Fredric D. Woocher , Michael J. Strumwasser and Giulia C.S. Good Stefani for Real Party in Interest Legislature of the State of California.

Olson, Hagel & Fishburn, Lance H. Olson , Deborah B. Caplan and Richard C. Miadich for Peace Officers Research Association of California as Amicus Curiae on behalf of Real Parties in Interest.


OPINION

RAYE, P. J.

The narrow, but potentially recurring and important, question we address in these writ proceedings is whether the California Constitution, as amended by the voters in 2010, allows the Legislature to identify blank bills with an assigned number but no substance (so-called "spot bills")1 in the budget bill, pass the budget, and thereafter add content to the placeholder and approve it by...

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