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.
Image by Dmitry DemidovichMICHELI FILES: For purposes of statutory construction, the courts and bill drafters use a series of “canons” to guide them. These include textual canons (intrinsic aids), linguistic presumptions and grammatical conventions, substantive canons, and extrinsic aids. It is impossible to list them all, but there are some common canons, and those are most useful for legislative drafting.
Image by MehaniqMICHELI FILES: It is not the role of the legislative or executive branches of government to determine a statute’s constitutionality. Rather, that role is reserved to the third branch of government – the judicial branch.
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.