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There Is More to Lawmaking than Passing Bills

There Is More to Lawmaking than Passing Bills  By Chris Micheli Yes, Article IV, Section 1 of the California Constitution grants the lawmaking power to the legislative branch of state government (which it actually shares with the People through direct democracy). Nonetheless, I think lawmaking does not just mean passing bills and creating new laws. It also means oversight and accountability, as well as constituent services. This is not a partisan stance, nor does it matter who is in office in either the legislative or executive branches of state government. Instead, it is based upon a strong belief that a key responsibility of the Legislature is to evaluate existing laws and determine their effectiveness. This is especially true in tough budget times when the state cannot afford to be wasteful or duplicative in providing critical services. While California continues to face a myriad of public policy issues that demand attention by the Legislature, simply enacting additio...
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Should California Codify Additional Interpretive Directives?

Should California Codify Additional Interpretive Directives?  By Chris Micheli The more I delve into statutory interpretation, the more I am confronted from a legislative drafting perspective whether interpretive guidance should be provided to the courts in this state by placing additional directives in statute. The California courts already use a number of judicial principles when interpreting ambiguous statutes. As a general rule, our courts rely upon the plain meaning of the statutory language. However, when there is ambiguity, the judiciary will turn to the goal of determining the intent of the Legislature. As a result, it raises with me whether the Legislature should codify this goal and others for the courts to follow when interpreting an ambiguous statute (i.e., when statutory language is susceptible to more than one reasonable interpretation). In other words, should California have in statute this goal, as well as other interpretive directives for the state judges and...
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Volume of Daily Journal Letters Submitted by Bill Authors – 2025 Update

Volume of Daily Journal Letters Submitted by Bill Authors – 2025 Update  By Chris Micheli             One of the main avenues for California legislators to clarify their bills or, most often, to express their intent behind their legislation, is to submit a formal letter to the Assembly Chief Clerk for Assembly Bills or the Senate Secretary for Senate Bills. Once approved by their respective houses, these letters are published in the Assembly Daily Journals for ABs and the Senate Daily Journals for SBs.             Having reviewed legislative records for the past two decades to locate all of these letters, I wanted to examine their frequency over the last twenty years and therefore compiled the following chart that shows the number of letters published in the respective Daily Journals in the two houses by year for the past 23 years:   YEAR AS...
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Practical Tips for Working with Budget Committee Staff

Practical Tips for Working with Budget Committee Staff  By Chris Micheli             In talking with both houses’ budget committee staff over the past few weeks, there are some practical tips that were shared with me for those working with these staff members. While some of these recommendations may seem obvious, many of them bear repeating. The following are some of the suggestions shared with me: ·        Timing is important. Make sure you talk with the consultant prior to them finishing their analysis for a budget item. ·        Hearing from an advocate just days before a budget item’s scheduled committee hearing does not leave much opportunity for the consultant to address any concerns. Email seems to be the preferred method of communication for fiscal consultants. ·        As Assembly and Senate committees (and subcommittees) ...
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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...
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