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Frequently Asked Questions about the “Sunset Review” Process

Frequently Asked Questions about the “Sunset Review” Process  By Chris Micheli             In the California Legislature, there is a “sunset review” process that is used to evaluate whether a regulatory board or a profession or occupation should continue to be regulated by the State of California. This review process is set forth in California law.             Where is the sunset review process found in law? Government Code Title 2, Division 2, Part 1, Chapter 1.5, Article 7.5 (“Sunset Review”) sets forth the regulatory scheme for this review process. Which agencies does the sunset review process apply to? Government Code Section 9147.7 defines the term “eligible agency.” It does not include an agency that is constitutionally created or an agency related to postsecondary education. What is the purpose of the Joint Sunset Review Committee (JSRC)? It was created to identify and eliminate waste, duplication, and inefficiency in government agencies. The purpose of this joint com
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Frequently Asked Questions about California Bond Measures

Frequently Asked Questions about California Bond Measures B y Chris Micheli   What is a definition of a bond fund? According to the Department of Finance (DOF), a bond fund is used to account for the receipt and disbursement of non-self-liquidating bond proceeds.   Who pays for the bonds? According to DOF, depending on the provisions of the bond act, either the General Fund or a special fund pays the principal and interest on the general obligation bonds.   What is a revenue bond? Broadly defined, a revenue bond is a type of municipal bond that is repaid by the operating revenues of the public entity.   Who uses revenue bonds? Revenue bonds are primarily utilized by government entities to subsidize infrastructure projects.   Who guarantees a revenue bond? The financial obligation is primarily guaranteed by the operating revenues. Assets (e.g., the infrastructure project) are used as collateral for the bond (i.e., the loan). What does “G.O.” stand for in a GO bo
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Key Considerations in California Emergency Rulemaking

Key Considerations in California Emergency Rulemaking  By Chris Micheli             A California state agency needs to provide notice of an emergency regulation that the agency proposed. This must occur a t least five working days before submitting an emergency regulation to the Office of Administrative Law (OAL). The adopting agency is generally required to send a notice of the proposed emergency action, including certain information, to every person who has filed a request for notice of regulatory action with the agency.             A regulation may be adopted as an emergency regulation if a state agency makes a finding that the adoption of the regulation or order of repeal is necessary to address an emergency.             A state agency must make a finding of an emergency that includes a written statement containing specified information, as well as a description of the specific facts demonstrating the existence of an emergency and the need for immediate action. Moreover, the find
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Frequently Asked Questions about Examining California Legislative Record

Frequently Asked Questions about Examining California Legislative Records  By Chris Micheli Members of the public can examine California legislative records based upon the provisions of the Legislative Open Records Act (LORA), which is found in the California Government Code. LORA was enacted in 1975 to allow public access to legislative records. How are public requests for legislative records made? Requests by members of the public must be made in writing and be submitted to either the Senate Committee on Rules or the Assembly Rules Committee, depending upon the location of the documents being requested. What happens when there are records held jointly by the Senate and Assembly? The Joint Committee on Rules is charged with the custody of records in the joint custody of the Assembly and Senate. What does the Rules Committee do with LORA requests from the public? Generally, the Rules Committees respond within 3 to 10 days upon receiving written requests for legislative recor
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What Are Rulemaking Appeals to the Governor's Office?

What Are Rulemaking Appeals to the Governor's Office?  By Chris Micheli             When and why does a regulatory agency appeal certain decisions to the Governor’s Office? While the last time occurred in 2007, a state agency can appeal the rejection of a regulation by the Office of Administrative Law (OAL). OAL must either approve a regulation submitted to it for review and transmit it to the Secretary of State for filing, or disapprove it, within 30 working days after the regulation has been submitted to OAL. If OAL disapproves a regulation, then OAL must return it to the adopting agency within the 30-day period accompanied by a notice specifying the reasons for disapproval. A regulation cannot be disapproved by OAL unless the regulation failed to comply with one or more of the six statutory standards of review, or other provisions of the APA. OAL’s decision can be reviewed. First, the adopting agency must file a written Request for Review with the Governor’s Legal Affair
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Frequently Asked Questions about Types of Bills in the California Legislature

Frequently Asked Questions about Types of Bills in the California Legislature  By Chris Micheli The following are the types of bills that people working in and around the State Capitol describe in their legislative dealings: What is an Appropriation bill? This bill contains language that appropriates funds for expenditures by the state. What is an Author-sponsored bill? This bill is the idea of the author, who is the official sponsor. What is a Backed bill? This bill is ready for introduction because it has a “backing” (formally called a jacket) that shows who the author is. What is a Budget bill? This bill is the main budget bill that makes appropriations for implementation of the state’s fiscal year spending (the secondary bill is referred to as the “budget bill junior”). What is a Budget Bill Junior? This bill amends the main budget bill that makes changes to appropriations for implementation of the state’s fiscal year spending. What is a Clean-up bill? This bill
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Frequently Asked Questions about California’s Judicial Branch

Frequently Asked Questions about California’s Judicial Branch  By Chris Micheli   What does the California Constitution, in Article VI, Section 1 provide? It says that the judicial power of the state is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record.   What is the composition of the Supreme Court? The Supreme Court consists of the Chief Justice and 6 associate justices.   How is a majority decision rendered by the Supreme Court? There must be an agreement of four judges present at the argument for a judgment.   How are judicial districts created in this state? The Legislature must divide the state into districts with each containing a court of appeal with one or more divisions, and each division consists of a presiding justice and 2 or more associate justices.   How are superior courts created in this state? In each county of the state, there is a superior court of one or more judges and the Legislature presc
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