Micheli Files

Judicial review of California regulations

Image by bangoland

California 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.

Micheli Files

What are state-mandated local programs in California legislation?

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.

Micheli Files

The use of notwithstanding clauses in California legislation

Image by Vitalii Vodolazskyi

On 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?                                 

Micheli Files

California legislation and defined terms

Image by BCFC

Defined terms can play an important role in any legislation. Defining words or phrases is done to provide the reader of the legislative or statutory text with clear guidance regarding how those words or phrases are to be interpreted and applied in the context of that specific text.

Micheli Files

Are all California trailer bills protected against a referendum?

Image by Yuriy K

Some Capitol observers have posed the question whether budget trailer bills in the California Legislature are “shielded” or protected from a referendum challenge. The answer to this question has not been addressed by the judicial branch, but we can certainly make an educated guess. Let’s consider a few points.

Micheli Files

California legislative rules and the constitution

Image by Sebastian Duda

Occasionally I have been asked whether the Legislature’s adopted rules – the Assembly Rules, Senate Rules, and Joint Rules – have equal standing as legislative process rules found in the California Constitution. This question is particularly relevant because these three sets of legislative rules flow from a specific grant of authority in the state Constitution.

Micheli Files

What is the “order of enumeration?”

Image by Vitalii Vodolazskyi

Pursuant to Article IV, Section 9 of the California Constitution, there is a requirement for each bill to have a title. The constitutional provision states: “A statute shall embrace but one subject, which shall be expressed in its title. If a statute embraces a subject not expressed in its title, only the part not expressed is void. A statute may not be amended by reference to its title.”

Micheli Files

Is a rule waived or suspended in the CA Legislature?

Image by El Nariz

We hear most often in the California Legislature that a rule is being “waived” or that someone is seeking a “rule waiver.” However, many rules may be “dispensed with” or “suspended,” rather than waived. So, what is the correct terminology to be used? Fortunately, or unfortunately, all of the above is the answer, depending on the specific rule.

Micheli Files

Establishing a quorum

Image by Sharaf Maksumov

Those who listen to the Assembly or Senate Floors will often hear the “call of the house” being made and that “a quorum is established” or that the “quorum call is lifted.” What do these different phrases mean and why are they used?

Support for Capitol Weekly is Provided by: