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Why Do Some Tax Increase Bills Only Contain an Urgency Clause?

Why Do Some Tax Increase Bills Only Contain an Urgency Clause? B y Chris Micheli Some have raised the question why a bill that is clearly a tax increase contains an urgency clause and does not mention that it is a tax increase. A bill that would raise taxes and does not contain an urgency clause will have these statements in the Legislative Counsel’s Digest: This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of  2 / 3  of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy. A bill that contains just an urgency clause will have these statements in the Legislative Counsel’s Digest: This bill would declare that it is to take effect immediately as an urgency statute. Back to the initial question -- Basically, the Office of Legislat...
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An Example of Clear and Concise Drafting in a California Bill

An Example of Clear and Concise Drafting in California Bill by Chris Micheli   49042.  The department may, in its discretion, award a grant described in Section 49041 to a small-scale grocery store. 49043.  The department may use up to 10 percent of total program funding for technical assistance. 49044.  On or before January 1, 2028, the department shall report the number of grants awarded under the program and the location of grant recipients to the relevant policy committees of the Legislature, in compliance with Section 9795 of the Government Code. 49045.  The department may adopt guidelines to implement this article. 49046.  The implementation of this article is contingent upon an appropriation for its purposes by the Legislature in the annual Budget Act or another act. 49047.  This chapter shall remain in effect only until December 31, 2030, and as of that date is repealed.
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Can Donald Trump Serve a Third Term?

Can Donald Trump Serve a Third Term?  By Chris Micheli Since this question keeps getting raised, let’s take a quick look at whether Donald Trump can serve more than 8 years in office. The 22 nd Amendment to the United States Constitution (which was ratified by the states in 1951 after former President FDR was elected 4 times, and the only one to serve more than 2 terms) provides in full: “No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once.” The likely argument of Trump and his supporters hinges on a single word: “elected.” Their argument is basically, if he were elected as Vice President, he could “serve” again upon the removal, death, resignation, or inability of the President to serve. That would allow him to serve a third or more terms...
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Number of Lobbying Firms in California

Number of Lobbying Firms in California  By Chris Micheli Based upon data compiled by CalMatters, since 2015, there has been a modest growth in the number of registered Lobbying Firms. Under the Political Reform Act of 1974, there are three main entities that are required to register and make quarterly disclosures with the Secretary of State: Lobbyists; Lobbying Firms; and, Lobbyist Employers. We have previously looked at the substantial growth in the number of registered lobbyists based upon data compiled by CalMatters. The following chart shows the 2-year Legislative Session and the number of registered Lobbying Firms during each of those sessions:   Legislative Session Number of Registered Lobbying Firms Change in Number of Lobbying Firms Since 2015 2015-16 433 n/a 2017-18 480 + 47 2019-20 471 + 38 (9 fewer than last session) 202...
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A Look at 2025 Bill Introductions in the California Legislature

A Look at 2025 Bill Introductions in the California Legislature By Chris Micheli In the first year in which bill introduction limits were reduced to 35 bills per Assembly Member and Senator for the two-year Session, we saw 2,350 bills introduced. Friday, February 21 was the deadline for bill introductions in the 2025 California Legislative Session. There were a total of 2,350 bills introduced by yesterday’s deadline for the first year of the 2025-26 Session. Last year’s total was 2,124 by the February 16, 2024 deadline. Of the total number of bills introduced this year, there were 1,500 Assembly Bills and 850 Senate Bills. Last year in the 2024 Session, there were 1,505 Assembly Bills and 619 Senate Bills introduced by the deadline. In addition, of this year’s total, there are 390 spot bills and 481 intent bills, for a total of 871 placeholder bills, which is 37% of the total bill introductions that lack substantive language upon introduction. (This figure is in line with histo...
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What Are the Key Dates in Law for the State Budget?

What Are the Key Dates in Law for the State Budget?  By Chris Micheli                Many Capitol observers believe all of the relevant dates applicable to the state’s budget are contained in the California Constitution. However, there are only two dates found in the state Constitution. And, they are both found in Article IV dealing with the legislative branch of state government. So, which dates are constitutional requirements?                Article IV, Section 12(a) specifies that, “Within the first 10 days of each calendar year, the Governor shall submit to the Legislature, with an explanatory message, a budget for the ensuing fiscal year containing itemized statements for recommended state expenditures and estimated state revenues.” This is the first step in the calendar year for the state budget: the Governor submits their budget prop...
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Interesting Preliminary Provisions of the Family Code

Interesting Preliminary Provisions of the Family Code  By Chris Micheli             California’s over 155,000 statutes are contained in 29 separate Codes. The ninth alphabetically is the Family Code. All 29 Codes have general or preliminary provisions applicable to reading and interpreting that Code’s sections. In reviewing those introductory provisions contained in the Family Code, a few of them caught my attention, including the following, and I have added some commentary:             Section 3 – A provision of this Code, if it is the same in substance as a provision of a uniform act, it is to be construed to effectuate the general purpose to make uniform the law in those states which enact that provision. Comment : Uniform acts are an important tool in drafting statutes both nationally and internationally. The idea behind a uniform act is that all legislative bodie...
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