MICHELI FILES: In the second of three parts, longtime Capitol lobbyist and parliamentary aficionado Chris Micheli reviews the recent history of letters to the Daily Journal related to Assembly bills.
Chris Micheli photo by Scott DuncanOne of the main avenues for California legislators to clarify their bills or, most often, to express their intent behind their legislation, is to submit a formal letter to the Assembly Chief Clerk for Assembly Bills or the Senate Secretary for Senate Bills.
Image by WallentineVacancies are nothing new in the California Legislature, and as with most things in that body there are a suite of rules and procedure to follow to fill those empty positions.
Image by CassiohabibIn general, state legislative history is elusive and California, like many other states, is no exception to this rule. For those who need to research the legislative history of a bill that was enacted into law in the State of California, there are a number of options to use.
California law, image by Vitalii VodolazskyiThe California Government Code contains a number of provisions related to the Legislature and the lawmaking process. There have been numerous court decisions over the past one hundred years interpreting key provisions of the Government Code. The following cases highlight some of the key decisions interpreting these statutory provisions related to the California Legislature and its legislative process.
California law, image by Vitalii VodolazskyiIn California, as in most states, a statute is presumed to operate prospectively. Quarry v. Doe I (2012) 53 Cal.4th 945, 955. In construing statutes, there is a presumption against retroactive application unless the Legislature plainly has directed otherwise by means of express language of retroactivity or other sources that provide a clear and unavoidable implication that the Legislature intended retroactive application of the statute.
Chris Micheli photo by Scott DuncanIn reviewing gubernatorial signing messages over the past two decades, I compiled the following chart of bills that have signing messages. The chart includes the session year, the Governor, the bill number and author, and the subject of the bill. This chart includes 19 years’ worth of signing messages by three Governors.
Image by Ritu Manoj JethaniMICHELI FILES: Despite no constitutional provision allowing them (or prohibiting them), many California Governors have used “signing messages” to accompany a Governor’s signature on a bill. U.S. Presidents also have long used signing messages.
Image by TungCheungMICHELI FILES: Resorting to legislative history is generally appropriate only where statutory language is ambiguous. As the California Supreme Court has said, “Our role in construing a statute is to ascertain the Legislature’s intent so as to effectuate the purpose of the law.
Image by Salivanchuk SemenMICHELI FILES – Hearings are a regular part of life in the California Legislature. But as with all things under the dome, nothing is a one size fits all. There are, in fact multiple types of hearings in the effort to educate legislators and staff about the subject matter at hand.