Chris Micheli

Should Sunset Dates Be Required for All New Laws?  By Chris Micheli             I have a proposal for consideration for the upcoming 2027 California Legislative Session. Should all new statutes have a sunset date? And perhaps a required report to the Legislature and Administration? This is already a requirement for all new or expanded tax expenditure programs (TEPs) pursuant to Revenue and Taxation Code Section 41. What began as a legislative committee rule (i.e., a TEP could not be passed out of the policy committee without a sunset date and reporting requirement) became a state statute and has been in effect for the past decade. In addition, the Legislature requires new (and existing) regulatory boards and commissions to go through the “sunrise” (to determine whether a licensing scheme is appropriate and necessary) and “sunset review” (to determine whether continued regulation is necessary) processes. So, why not appl...

Can Vetoed Bills Be Overridden in the Second Year of Session?  By Chris Micheli Now that the California Legislature has concluded its 2026 Session, and Governor Newsom has until September 30 to act on all of the bills that reached his Desk this year, are vetoed bills considered by legislators in the second and final year of the biennial session? Article IV, Section 10(a) of the California Constitution states, in part, “The Governor may veto it by returning it with any objections to the house of origin, which shall enter the objections in the journal and proceed to reconsider it. If each house then passes the bill by rollcall vote entered in the journal, two-thirds of the membership concurring, it becomes a statute.” As a result of these constitutional provisions, the Governor has discretion whether to sign or veto a bill presented to him/her by the Legislature. Likewise, the Legislature can decide whether to vote to override a veto. It “proceed[s] to reconsider it” by conside...

Some Key Words to Watch in Legislation  By Chris Micheli             As we head towards the end of the 2026 California Legislative Session, and review hundreds of amended bills, there are some words or phrases that bear a closer examination. In general, we should be concerned with problematic words in proposed statutes that are not clear or are ambiguous. These are likely to create confusion and may result in unintended consequences for those attempting to comply with the statute’s provisions.             As a result, some of the common types of problematic statutory words are those words or phrases that are ambiguous (that have more than one reasonable meaning), vague (that generally lack an objective definition), or outdated (that may not apply well to current circumstances). So, what are some of these words and phrases in bills that we should pay close attention to...

Some Data on the 2026 California Legislative Session  By Chris Micheli             With the 2026 California Legislative Session coming to an end, I wanted to provide some data on interesting aspects of the Legislature: 2026 Senate Data How many Senate Standing Committees are there? 25 What is the average size of a Senate Standing Committee? 9 Which Standing Committee has the most members? Budget with 18 Which Standing Committee has the fewest members? There are seven committees with 5 members Which Senators have the most committee assignments? Senators Ochoa-Bogh and Seyarto with 8 each Senators Caballero, Gonzalez, Grayson, Laird, Menjivar, Reyes, and Richardson have 7 each What is the average number of committee assignments per Senator? 5 During the 2025-26 Session, there were: Total number of SBs: 1,447 Total number of SCAs: 5 Total number of SJRs: 19 Total number of SCRs: 197 Total numbe...

Who Is Exempt from Civil Service in California?  By Chris Micheli             In Article VII of the California Constitution, which deal with public officers and employees in this state, the civil service system is established. Section 1 of Article 7 states that “the civil service includes every officer and employee of the State except as otherwise provided in this Constitution.” In addition, “in the civil service permanent appointment and promotion shall be made under a general system based on merit ascertained by competitive examination.”             While the vast majority of employees of the State of California are in the civil service system, there are some who are not. Section 4 of Article 7 sets forth the following thirteen categories of individuals who are exempt from civil service: ·        Officers and employees appointed or empl...

Some Notes on Bills Declaring Existing Law  By Chris Micheli As we near the end of the California Legislative Session, we see more bills that claim to make changes to statutes, and those amendments are claimed to be "declaratory of existing law." How is that done and how do California courts view those types of legislative proclamations?             To begin, in most instances, legislation applies prospectively, meaning after the law has been enacted and takes effect. Nonetheless, there are times when the Legislature desires statutes to be applied retroactively, and sometimes they also specify a prospective application date.             The following is an example of specific language contained in a bill that is intended to apply retroactively:   The requirement to provide COVID-19 supplemental paid sick leave as set forth in this section shall take effect 10...