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Instructing the Courts on Interpretation

Instructing the Courts on Interpretation  By Chris Micheli             In reviewing some recent legislation in the 2026 California Legislative Session, I have come across several bills that contain “liberally construe” language, as well as one that used “liberally interpret” language. In other words, this language is directed at state agencies and the judicial branch that the statute in review should be liberally construed or liberally interpreted.             This raised the question with me: Which is the better language to use? First, I wanted to research the use of these phrases in state statutes. I found that there are thousands of California statutes that use the standard language “liberally construed.” However, there are also many state statutes that use the less common “liberally interpreted.” How many of each appear in state law? ·     ...
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Guidance for Drafting Regulations in the Active Voice

Guidance for Drafting Regulations in the Active Voice B y Chris Micheli             In California, drafters of regulations and bills are instructed to use the active voice, rather than the passive voice. This is a change in the historical manner of drafting that previously included lots of passive voice language in state laws.             As a result, many examples of the passive voice remain in California regulations and statutes. The following examples of passive versus active voice changes to state statutes are contained in bills recently enacted into law in this state:   …provide comments to the department on all proposed projects funded from the Big Game Management Account to help ensure that the requirements of this section  have been  are  met.                   Nothing in this chapter shal...
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Some Notes on Bills Declaring Existing Law

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 d...
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Have Courts Struck Down Voter-Approved Ballot Measures?

Have Courts Struck Down Voter-Approved Ballot Measures?  By Chris Micheli             The short answer is yes. And the courts have done so more than once in the State of California. There are a number of recent examples of the state and federal courts doing so, as well as a few historical instances in which statewide, voter-approved ballot measures have been invalidated by the judicial branch, even though they were approved by the statewide electorate.             The following are several of those examples:             After the November 2008 election, Prop. 8 (Definition of Marriage Constitutional Initiative), which was approved by 52% of the voters, was invalidated by the United States Supreme Court.             After the November 2000 election, Prop. 22 ...
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The Legislative Order of Business

The Legislative Order of Business  By Chris Micheli             In the California Legislature, the State Senate and the State Assembly have an “Order of Business” for consideration of matters on the Floors of the respective houses. The following lists, in order, the hierarchy of business that is conducted on the Floors of the two houses of the California Legislature: SENATE ORDER OF BUSINESS 1. Roll Call. 2. Prayer by the Chaplain. 3. Pledge of Allegiance. 4. Privileges of the Floor. 5. Communications and Petitions. 6. Messages from the Governor. 7. Messages from the Assembly. 8. Reports of Committees. 9. Motions, Resolutions and Notices. 10. Introduction and First Reading of Bills. 11. Consideration of Daily File: a. Second Reading. b. Special Orders. c. Unfinished Business. d. Third Reading. 12. Announcement of Committee Meetings. 13. Leaves of Absence. 14. Adjournment. ASSEMBLY ORDER...
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Committees of the California Legislature

Committees of the California Legislature  By Chris Micheli             There are well over one hundred different committees between the two houses of the California Legislature – 130 to be exact in the 2025-26 Legislative Session. While most of the work is done by the Standing Committees of the Senate and Assembly, there are several other types of committees, as well as a number of joint committees, comprised of an equal number of Assembly Members and Senators.             The following lists the type and number committees in the two houses of the California Legislature: SENATE (45) ·        Standing Committees of the Senate: 25 ·        Senate Committee on Legislative Ethics: 1 ·        Select Committees of the Senate: 12 ·        Subcommitt...
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How California Regulations Are Made

How California Regulations Are Made  By Chris Micheli   California has over 200 State agencies, departments, boards, and commissions that make public policy through their authority to adopt regulations. A list of State agencies that have adopted regulations can be found on the website of California’s Office of Administrative Law (OAL), which is found at www.oal.ca.gov   OAL’s website also provides direct access to the California Code of Regulations (CCR), which is organized under various subject matter titles, of which there are 28 titles. These titles contain the over 60,000 state regulations that are currently in effect.   California’s Administrative Procedure Act (APA) contains required procedures for rule-making and administrative hearings conducted by all of these agencies and departments. The APA is found at Chapter 3.5, 4 and 5 commencing with Section 11340 of Part 1 of Division 3 of Title 2 of the Government Code.   In addition, there are r...
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