Image by Vitalii VodolazskyiThe California Office of Administrative Law (OAL) is charged with ensuring that executive branch agency and department regulations are “clear, necessary, legally valid, and available to the public.” OAL is responsible for reviewing proposed regulations by California’s more than 200 state agencies and departments that have rulemaking authority.
Image by NanoStockkMainly because legislative committees in the California Legislature have to process so many bills at their limited hearings, there is little public debate, particularly among legislators, regarding bills that are heard in the committees of the State Senate and State Assembly. Nonetheless, there are instances when a legislator’s public statements may be considered by the judiciary.
Image by tumsasedgarsCalifornia’s Administrative Procedure Act (APA), which is patterned after the federal APA, sets forth the procedures by which the state’s executive branch agencies and departments must adopt regulations. In that vein, there are a few items of interest for those who participate in the rulemaking projects of state agencies.
Image by Vitalii VodolazskyiWhen drafting new laws in California or in other jurisdictions, sometimes interest groups and those drafting legislation may turn to model laws or uniform acts. They may also review similar laws adopted by the federal government or other states, or even other jurisdictions around the globe. As readers might imagine, there are positive and negative aspects of using these other laws when drafting legislation.
California justice, image by MehaniqOn occasion, bills in the California Legislature contain severability clauses. These types of bills contain multiple provisions and, when those types of bills are challenged in litigation, a court may be required to determine whether the valid provisions are “severable” from the law’s invalid provisions.
tAs part of California’s Administrative Procedure Act (APA), which is contained in the state’s Government Code, executive branch agencies and departments that adopt regulations are required to conduct an economic impact analysis. What is that economic impact analysis and how have the courts interpreted agency actions to comply with this statutory mandate?
On occasion, readers can find bills in the California Legislature that make “continuous appropriations.” What are these types of appropriations? Why are they used? How are they drafted by the attorneys at the Office of Legislative Counsel?
Image by bangolandCalifornia Government Code Section 11350 provides that any interested person may obtain a judicial declaration regarding the validity of any regulation or order of repeal by bringing an action for declaratory relief in superior court in this state in accordance with the Code of Civil Procedure.
Image Karin Hildebrand Lau
What is a mandated local program? Both the California Constitution and the California Government Code describe in detail a state-mandated local program. As a result of these laws, a California bill is identified as mandating or not mandating a local program that requires reimbursement of costs by the state.
Image by Vitalii VodolazskyiOn occasion, a reader may find in a bill in the California Legislature that contains in the text of the measure a phrase similar to the following: “notwithstanding any other provision of law…”. What does this phrase mean? Why is it used? What is its purpose in a California bill?