Chris Micheli

A Different Type of Legislative Statement?  By Chris Micheli             In reading sections of the California Military and Veterans Code, I came across statutory language that is similar to legislative findings and declarations, which are common throughout California’s 29 Codes. In addition to codified findings, there are thousands of instances in which legislative findings and declarations are in uncodified statutes.             However, the language contained in Section 1830 of the Military and Veterans Code does not use the standard “findings and declarations” language. Instead, Section 1830 provides, in part: “the Legislature recognizes all of the following” and then lists five statements similar to what a reader would see in findings and declarations, such as “(d) Nine hundred family members of Vietnam era POW/MIAs reside in California.”    ...

Sunset Clause Versus Repeal Clause  By Chris Micheli             What is the difference between a sunset clause and a repeal clause in California legislation? I could only find two California Code sections using a sunset date, both of which are concerning the “sunset” or expiration of an existing tax. On the other hand, there are thousands of instances of the term “repeal” or “repealed” being used in state statutes. The answer the question is none. The difference is that the technical term is “repeal clause” (other jurisdictions often refer to it as a “repealer clause”), while the commonly-used term is “sunset clause” or “sunset date.” While either term can be used, repeal date and repeal clause are the better terms and should be used more regularly. Nonetheless, we see “sunset date” even in legislation. For example, there were bills in the 2024 California Legislative Session that stated, for example: “The bill would ...

Describing a Spot Bill  By Chris Micheli   In the California Legislature, a “spot bill” is basically used as a placeholder for a future measure to be amended into the spot bill. Bills introduced in the California Legislature without substantive language in them are called “spot bills.” These are to be distinguished from “intent bills,” which are also a placeholder but express a statement of legislative intent. Spot bills make technical changes to an existing statute. For example, a spot bill could simply change “a person” to “any person.” Spot bills are deemed to be nonsubstantive changes to the law. As described by the Office of Legislative Counsel, a “spot bill” is one that does not make any substantive change to existing law, “and would not otherwise affect the ongoing operations of state or local government.”   When a reader comes across a spot bill among the introduced bills, they will see in the Legislative Counsel’s Digest one of the following two statement...

The Legislature’s First Day of Session By Chris Micheli The Senate and Assembly met this afternoon to convene the 2025-25 California Legislative Session. I tried to catch the formal actions… ASSEMBLY All 80 Assembly Members were sworn-in today, including 23 new Members, 12 of whom are female. There is one vacancy as Vince Fong was elected, but he chose to keep his Congressional seat – a special election will be called by Gov Newsom As such, the Assembly is operating with 79 Members The Assembly elected Robert Rivas as Speaker. For the first time in many years, Republican Leader Gallagher was nominated and voted for by 19 Republicans. The Assembly adopted: HR 1 – Standing Rules, including reducing the bill introduction limit from 50 to 35 bills for the 2-year Session. HR 2 – Chief Clerk and Chief Sgt. at Arms were elected HR 3 – Assembly organized and notified the Senate They also adopted SCR 2 – Legislative Counsel Jenkins was elected; SCR 1 – adoption of Joint R...

Thank you, Speaker Rivas and Pro Tem McGuire, for Lowering Bill Intro Limits  By Chris Micheli             Earlier today, December 2, the State Assembly and State Senate convened the 2025-26 California Legislative Session and, due to the leadership of Assembly Speaker Robert Rivas and Senate President pro Tempore Mike McGuire, both houses voted to reduce their bill introduction limits. The Standing Rules of the Assembly for the 2025–26 Regular Session reduce the number of bill introductions per Assembly Member to 35 bills per 2-year Session. Specifically, Assembly Rule 49(a) was changed to lower the prior cap of 50 bills (which includes constitutional amendments) to 35.             The Standing Rules of the Senate for the 2025-26 Regular Session reduce the number of bill introductions per Senator to 35 bills per 2-year Session. Specifically, Senate Rule 22.5(a) was ch...

CCP Provides Helpful Guidance on Public Writings  By Chris Micheli             California’s Code of Civil Procedure in Part 4, Title 2, Chapter 3, Article 2 concerns public writings. These statutory provisions should be placed in all other Codes because they provide helpful guidance concerning these types of writings. Article 2 is contained in CCP Section 1895 to 1917. Many of these provisions of the CCP were enacted in 1872 and have remained “on the books” since that time.             Section 1895 specifies that laws, whether organic or ordinary, are either written or unwritten.             Section 1896 states that a written law is that which is promulgated in writing, and of which a record is in existence.             Section 1897 explains that the organic...