Chris Micheli

Why Might a Bill Be Referred to More than One Committee?  By Chris Micheli             Bills in the California Legislature are referred to at least one policy committee in each house, and just over 80% of those bills also get re-referred to the respective Appropriations Committees for a hearing on the fiscal impacts. In some instances, bills get “double-referred” or even “triple-referred” to multiple policy committees. In other words, these terms refer not to a policy and a fiscal committee, but rather to two or more policy committees.             Why might a bill be referred to more than one policy committee? As a general rule, a bill is referred to the committee(s) that have jurisdiction over the provisions of the bill based upon the rules of the respective house and past referral decisions.                In the Senate...

The Labyrinth of “Underground Regulations” in California Administrative Law  By Chris Micheli We know that California state agencies, departments, boards, commissions, and bureaus often issue guidelines, manuals, bulletins, or policy letters that have the practical force of law, but which completely bypass the formal public notice, comment, and Office of Administrative Law (OAL) review processes for regulations.             California law sets forth a statutory threshold under Government Code Section 11340.5. And OAL’s Regulations define an underground regulation. However, practitioners and the regulated community come across instances in which an agency's seemingly "internal guidelines" or "frequently asked questions" can inadvertently become an illegal, underground regulation if they are used as standards of general application. Recall that an “underground regulation” in California is any unadopted rule, guideline, or e...

Types of Definitions Used in California Statutes  By Chris Micheli             There are several ways to define terms in state law and the 29 Codes have numerous examples. Obviously, definitions in statutes is the process of defining specific words and phrases within a statute to create legal certainty, eliminate ambiguity, and shorten text.             The two main types of definitions used in California statutes are: Exclusive (or “closed scope”) which uses the term “means” after the defined word; or, inclusive (or “open scope”) which used the term “includes” after the defined word.             Using the words “means” is meant to be a comprehensive definition. Bill drafters use the word "means" when a definition is exhaustive and complete. On the other hand, drafters use the word "includes" to extend a term's or...

Poking Holes in Your Own Draft: How to Read Your Bill Like a Judge  By Chris Micheli             When drafting a bill or even extensive amendments to a bill, I believe it is important to review your preliminary work from the perspective of the judicial branch of state government, which will have the final say regarding what your statutory language actually means.             Just like the bill drafting attorneys at California’s Office of Legislative Counsel, outside attorneys, legislative committee counsel and consultants, staff, lobbyists, and others who work extensively with bills and amendments should examine their language using a “judge’s lens” test. This is when the legislative drafter puts aside their work for 24 hours and approaches their draft language as a skeptical judge looking for ambiguities would, rather than as a policy advocate, for example.  ...

Which California Legislative Process Rules Can Be Waived or Suspended?  By Chris Micheli             While the Joint and individual house Rules in the California Legislature can be waived or suspended, what about the constitutional procedural rules that comprise the California legislative process? Can they be waived or suspended? The following chart sets forth several of the procedural rules and whether (and by what means) they can or cannot be waived or suspended:   Procedural Rule Waiver or Suspension Permitted At regular sessions no bill other than the budget bill may be heard or acted on by committee or either house until the 31st day. (30-day in Print Rule) ¾ vote of the house(s) No bill may be passed unless it is read by title on 3 days in each house. (3 Readings Rule) 2/3 vote of the house(s) No bill may be passed or ultimate...

Why Defining Words by Cross-Reference Should Cease  By Chris Micheli             When adding a new law to California statutes, there are basically two ways of defining a word or phrase in that new statute. The first is to define the word or term in the new statute. The second is to cross-reference an existing definition that is contained in another section of law.             With a cross-reference, the definition of the word or phrase could come from the same Code in which you are adding a new section, or it could come from a different Code (recall there are 29 Codes that contain 156,000 statutes in California law). Why do I think it is not a good idea to cross-reference a definition? First, and most importantly, it requires the reader to go find that other section of law to see the definition that is applicable. It is much easier for the reader to see the definiti...