Posts

Why Legislative Counsel Should Draft All Ballot Measures

Why Legislative Counsel Should Draft All Ballot Measures  By Chris Micheli             I found myself recently discussing initiatives and the common drafting concerns expressed by those who review them. With measures placed on the ballot by the Legislature, the attorneys in the Office of Legislative Counsel (OLC) for the California Legislature draft them, as OLC does for all legislative measures (bills, resolutions, and constitutional amendments). On the other hand, measures placed on the ballot by initiative are almost always drafted by private attorneys, few of whom have received any training in drafting legislative measures. One suggestion I made to this group of lawyers was to require all ballot measures, whether proposed by the Legislature (which is done today) or by the People (through the initiative), to be written by the attorneys at the Office of Legislative Counsel. Just as the Office of the Attorney General is re...
Post a Comment
Read more

Some Types of Bills Require Specified Statements

Some Types of Bills Require Specified Statements  By Chris Micheli             Urgency statutes, fiscal emergency statutes, right of public access, local or special statutes, and reimbursement disclaimers utilize explanatory statements. Of course, I would like to see more bills contain explanatory statements. Several of these three types of measures are actually required to do so by the state Constitution. It is an excellent practice by the Office of Legislative Counsel (OLC) to use explanatory statements in all of the different types of legislation. Let’s take a closer look at these five types of bills: Urgency Clauses             Article IV, Section 8(d) concerns urgency statutes. It provides the following:   (d) Urgency statutes are those necessary for immediate preservation of the public peace, health, or safety. A statement of facts constituting the...
Post a Comment
Read more

Can a Legislator Re-introduce the Same Bill Next Year?

Can a Legislator Re-introduce the Same Bill Next Year?  By Chris Micheli             As we head into the second year of the 2-year California Legislative Session, some legislators may want to re-introduce a bill that did not make it to the Governor’s Desk during this first year. Are there any applicable rules governing this question?             The Joint Rules of the Assembly and Senate contain Joint Rule 54, which is titled “Introduction of Bills.” Subdivision (a) discusses the deadline for bill introductions and exemptions from that deadline. Subdivision (b) concerns when the Assembly and Senate Desks are open and what occurs after the printing of a bill.             Subdivision (c) gives us guidance on reintroduced bills. It states: “ (c) Unless approved by the Committee on Rules of the house of origin, a...
Post a Comment
Read more

Number of California Bills by Code – 2025 Edition

Number of California Bills by Code – 2025 Edition  By Chris Micheli             California’s 29 Codes, beginning with the Business & Professions Code and ending with the Welfare & Institutions Code, contain over 156,000 statutes. Each year, more statutes are being considered through legislation. So, how many bills introduced in 2025 affect these 29 Codes?             In the following chart, I look at the number of bills adding, amending, or repealing sections of California’s 29 Codes during the 2025 Session, along with the 2023-24 Session statistics for comparison purposes. The following chart contains those numbers:   Code 2025 2023 – 24 Business & Professions 333 632 Civil 290 495 Civil Procedure 179 310 Commercial ...
Post a Comment
Read more

Some Recent Trends in California Legislative Drafting

Some Recent Trends in California Legislative Drafting  By Chris Micheli             In reviewing thousands of bills making their way through the legislative process each year, and co-teaching a course on Legislative Drafting at UC Davis King Hall School of Law for the past five years, I have noted a number of recent trends in California bills.             In particular, three common recent trends in bills in the California Legislature include:   Including legislative findings and declarations, often followed by statements of legislative intent. Including a severability clause in bills. Making a bill contingent upon a future budget appropriation. More Legislative Findings and Declarations               More and more bills over the last few Sessions have included legislative f...
Post a Comment
Read more

A Reminder about Acting Governors in California

A Reminder about Acting Governors in California  By Chris Micheli With Governor Gavin Newsom in New York City this week to attend Climate Week activities, this is a short explanation of why he cannot act on the bills pending final action on his Desk, but why, in theory, Lt. Governor Eleni Kounalakis could. Article V, Section 10 of the California Constitution provides that the Lieutenant Governor becomes “Acting Governor” during impeachment, absence from the state, or other temporary disability of the Governor. It is this second basis that creates the Acting Governor title most often. Each time the Governor cross state lines out of California, whether for a few hours or days, Governor Newsom temporarily loses power. In addition, Section 10 states, “ The Legislature shall provide an order of precedence after the Lieutenant Governor for succession to the office of Governor and for the temporary exercise of the Governor’s functions.” The Legislature completed this task by adding ...
Post a Comment
Read more

Are Legislative Findings in Voters FIRST Act Bills Sufficient?

Are Legislative Findings in Voters FIRST Act Bills Sufficient?  By Chris Micheli   In reviewing recent legislation that proposes changes to the California Voters FIRST Act, as enacted by the voters by Prop. 11 in 2008, the same legislative finding and declaration is made in each bill. It is a simplistic statement that raises the question whether this language meets the requirements of Prop. 11.   Prop, 11 enacted the Voters FIRST Act, an initiative measure approved by the electors at the November 4, 2008 statewide general election. It requires the Citizens Redistricting Commission to draw district lines for the election of members of the State Senate, Assembly, Congress, and the State Board of Equalization.   Prop. 11 amended the California Constitution, as well as added numerous sections to the California Government Code. Section 4 of Prop. 11 added Chapter 3.2 (commencing with Section 8251) to Division 1 of Title 2 of the Government Code.    ...
Post a Comment
Read more