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Some Notes on the Use of Legislative History in California

Some Notes on the Use of Legislative History in California  By Chris Micheli When interpreting ambiguous statutes in California, the courts of this state may examine the legislative history of an enacted statute in order to try and effectuate the intent of the Legislature. In such a case, it is important for legislators, staff, and interest groups to better understand the need to provide adequate legislative history. We begin with “what is cognizable legislative history”? The courts of this state generally follow the Third District Court of Appeal decision, Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal.App.4th 26. Basically, cognizable legislative history, which are acceptable documents in California, refers to documents that shed light on the collective view of the Legislature as a whole. As a result of the Kaufman decisions, state courts use these materials to interpret ambiguous statutes, but exclude subjective statements, such as t...
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Why Do We Say August 31 Is the Last Day of Session?

Why Do We Say August 31 Is the Last Day of Session?  By Chris Micheli In this second (even-numbered) and final year of the biennial session of the California Legislature, everyone is focused on Monday, August 31, as the last day before final adjournment. Where does the August 31 deadline in the second year of session come from? Yes, it is in the Joint Rules (JR 51(b)(3) says the Joint Recess begins on September 1). But the actual basis for this date is from the California Constitution. However, if you check the Constitution, especially Article IV on the Legislature, you will not find the date, August 31. Instead, you will find that the Legislature is prohibited from considering any bill on or after September 1 (which begins Tuesday at 12:01am), with five specified exceptions. However, those five categories of bills amount to only a handful of bills. As a result, midnight on August 31 is the practical deadline for the Legislature to conclude its work for the 2026 Session. Wh...
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The Life Cycle of a California Regulation

The Life Cycle of a California Regulation  By Chris Micheli             This article is intended to provide a step-by-step instruction detailing how a regulation becomes effective in the California rulemaking process. Rulemaking Bodies             To begin, California has over 200 State agencies, departments, boards, and commissions (referred to as rulemaking bodies) 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 . What a Regulation Can Do             A regulation can be added, amended, or repealed. Regulations are found in the California Code of Regulations (CCR), which is organized under various subject matter titles, of...
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The Life Cycle of a Bill in the California Legislature

The Life Cycle of a Bill in the California Legislature  By Chris Micheli             This article is intended to provide a step-by-step instruction detailing how a bill becomes law in the California Legislature, sometimes referred to as the “life cycle” of a bill. Statutes Need Bills Whether a statute is added, amended or repealed, that process must be done by a bill being passed by the Legislature and signed by the Governor (unless he or she allows it to become law without a signature). According to the California Legislature, “the process of government by which bills are considered and laws enacted is commonly referred to as the legislative process.”             We begin the life cycle journey with the California Constitution, Article 4, Section 8(b)(1): “The Legislature may make no law except by statute and may enact no statute except by bill.” Bill Idea A pi...
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Public Testimony and the Suspense Files

Public Testimony and the Suspense Files  By Chris Micheli             With the 2026 Suspense Files being considered on May 14, several colleagues have asked about public testimony on these items.             When I first began lobbying, legislators presented their bills regardless of whether the measures were slated for the Suspense Files. In fact, there were many Senate and Assembly Appropriations Committees that lasted most of the day as authors, witnesses, and committee members debated the fiscal and policy implications of a bill that was presented for consideration.             Over the last two decades, bills slated for the respective Suspense Files have almost always had no author presentation. In fact, some fiscal committee chairs in the past have openly discouraged authors from presenting their bills that ...
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Certain Bill Statements Are Not Opinions

Certain Bill Statements Are Not Opinions  By Chris Micheli What is the point of legislative intent statements and findings and declarations in California bills? To me, these are separate, distinct words included in a statute. Findings and declarations provide the foundation or basis for the bill. What is the factual basis for the new statute being proposed or the amendments to an existing statute? How do those fact-based statements justify the proposed law changes in the bill? Statements of legislative intent should express the desired outcome to be achieved by the proposed law changes. No commentary or explanation is necessary or appropriate. Rather, what is the stated goal or desired outcome that the Legislature would like when these law changes are in effect? To me, I do not believe these statements are opinions or unsubstantiated statements. When in a bill, whether ultimately codified or uncodified, they will become the law of the State of California. As such, they...
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Should There Be Blanket PRA Exemptions in Bills?

Should There Be Blanket PRA Exemptions in Bills?  By Chris Micheli             Have you seen this provision while reading bills in the California Legislature?   Contracts, grants, and related information created or obtained pursuant to this provision shall not be made public and are exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).              What is the meaning of this language? It provides an outright exemption from the requirements of California’s Public Records Act (PRA), which is intended to allow public access to government records and documents.             By way of background, the PRA covers “public records” of public agencies, including state and local government (the Legislature has its own law...
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