Micheli Files
When 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.
Micheli Files
On 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.
Micheli Files
As 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?
Micheli Files
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?
Micheli Files
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 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
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
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
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
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.
Image by Vitalii Vodolazskyi
