May 1, 2025
When is a law a law?
There is a nuanced distinction between a statute's "effective" date - the moment it becomes law--and its "operative" date--the point at which its provisions can be enforced, and how the presumption of prospective application governs most statutes.
Dan Jacobson
Attorney
Phone: (714) 505-4872
Email: dlj@jacobsonlawyers.com
Dan Jacobson is a practicing attorney in Tustin; a law professor-emeritus; a retired Governor of the California Insurance Guarantee Association, having been appointed to that position by Congressman John Garamendi, when Congressman Garamendi was California's Insurance Commission; and, a recently retired member of California's Board of Accountancy, having been appointed to that position by Assembly-Speaker Anthony Rendon.
When is a law a law? The "School House Rock" answer to this question is well known. But "School House Rock" doesn't give a nuanced answer. This article does.
With a small number of stated exceptions, "a statute enacted at a regular session shall go into effect on Jan. 1 next following a 90-day period from the date of enactment of the statute." Government Code § 9600(a). (Although the phrase "next following" may be a tautology, the phrase is used ...
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