Litigation image by Brian A JacksonMICHELI FILES: As a general rule (sometimes referred to as a “custom and practice”), the California Legislature prefers not to enact legislation that specifically makes a determination one way or the other regarding ongoing litigation that is pending at the same time that a piece of legislation is being considered.
Cooperation image by metamorworksMICHELI FILES: In talking with former staff from the Department of Finance (DOF) the past few weeks, the following are the key practical tips that were shared with me for those working with the staff members of the Governor’s Finance Department. While some of these recommendations may seem obvious, many of them bear repeating.
Chris Micheli photo by Scott DuncanMany Capitol observers are aware of the single subject rule. Some know that the California Constitution, in Article II, Section 8(d), provides that “an initiative measure embracing more than one subject may not be submitted to the electors or have any effect.” But does a similar rule exist for bills considered by the California Legislature?
Public policy, image by AlexLMXANALYSIS – Readers of bills and statutes will regularly come across statements of legislative intent, such as paragraphs that usually begin with either “It is the intent of the Legislature to …” or “The Legislature finds and declares that …” On other occasions, readers may come across statements that “it is the policy of the state.” Both are expressed opinions or state desires of the Legislature.
California bill volume, image by create jobs 51The California Legislature has a combined 55 standing committees, with 33 in the Assembly and 22 in the Senate. There were 2,661 bills introduced during the 2023 Legislative Session. Those standing committees, and their hardworking consultants (along with their minority party counterparts), reviewed and analyzed thousands of bills during the past two years.
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California law, image by Yuriy KANALYSIS – Even though the 29 California Codes, in which there are over 155,000 sections, contain guidance on interpreting their provisions, the attorneys in California’s Office of Legislative Counsel (OLC) continue to modernize our state’s statutes. This important work includes the use of gender-neutral drafting of legislation for bills, resolutions, and constitutional amendments.
Under the dome, image by Cheri AlguireANALYSIS – Bills signed into law by the Governor that contain an urgency clause become urgency statutes or urgency clause statutes. Under the California Constitution, urgency clause bills go into effect immediately upon their enactment.
Seal of the State of California, image by Aaron KohrANALYSIS – At the end of a California Legislative Session, Capitol observers will hear about the need to have “chaptering out amendments” adopted. However, that is not the correct term to use. “Chaptering out” is the problem that needs to be addressed by amendments, and “double-jointing amendments” are the solution to that problem.
The California Republic, image by grafvisionANALYSIS – As we head into the final two weeks of the 2023 California Legislative Session, I wanted to provide some reminders about the purpose and use of letters to the Assembly or Senate Daily Journals, as well as a few recommendations that I hope will be implemented in the future.
The California Assembly floor, image by Kit LeongANALYSIS – As a general matter, bills are taken up on the California Assembly or Senate Floors in file item order, unless some special reason exists to do otherwise. There are five main procedural items to keep in mind when a bill is pending on either Floor.