Chris Micheli

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...

Should Sunset Dates Be Required for All New Laws?  By Chris Micheli             I have a proposal for consideration for the upcoming 2027 California Legislative Session. Should all new statutes have a sunset date? And perhaps a required report to the Legislature and Administration? This is already a requirement for all new or expanded tax expenditure programs (TEPs) pursuant to Revenue and Taxation Code Section 41. What began as a legislative committee rule (i.e., a TEP could not be passed out of the policy committee without a sunset date and reporting requirement) became a state statute and has been in effect for the past decade. In addition, the Legislature requires new (and existing) regulatory boards and commissions to go through the “sunrise” (to determine whether a licensing scheme is appropriate and necessary) and “sunset review” (to determine whether continued regulation is necessary) processes. So, why not appl...

Can Vetoed Bills Be Overridden in the Second Year of Session?  By Chris Micheli Now that the California Legislature has concluded its 2026 Session, and Governor Newsom has until September 30 to act on all of the bills that reached his Desk this year, are vetoed bills considered by legislators in the second and final year of the biennial session? Article IV, Section 10(a) of the California Constitution states, in part, “The Governor may veto it by returning it with any objections to the house of origin, which shall enter the objections in the journal and proceed to reconsider it. If each house then passes the bill by rollcall vote entered in the journal, two-thirds of the membership concurring, it becomes a statute.” As a result of these constitutional provisions, the Governor has discretion whether to sign or veto a bill presented to him/her by the Legislature. Likewise, the Legislature can decide whether to vote to override a veto. It “proceed[s] to reconsider it” by conside...

Some Key Words to Watch in Legislation  By Chris Micheli             As we head towards the end of the 2026 California Legislative Session, and review hundreds of amended bills, there are some words or phrases that bear a closer examination. In general, we should be concerned with problematic words in proposed statutes that are not clear or are ambiguous. These are likely to create confusion and may result in unintended consequences for those attempting to comply with the statute’s provisions.             As a result, some of the common types of problematic statutory words are those words or phrases that are ambiguous (that have more than one reasonable meaning), vague (that generally lack an objective definition), or outdated (that may not apply well to current circumstances). So, what are some of these words and phrases in bills that we should pay close attention to...

Some Data on the 2026 California Legislative Session  By Chris Micheli             With the 2026 California Legislative Session coming to an end, I wanted to provide some data on interesting aspects of the Legislature: 2026 Senate Data How many Senate Standing Committees are there? 25 What is the average size of a Senate Standing Committee? 9 Which Standing Committee has the most members? Budget with 18 Which Standing Committee has the fewest members? There are seven committees with 5 members Which Senators have the most committee assignments? Senators Ochoa-Bogh and Seyarto with 8 each Senators Caballero, Gonzalez, Grayson, Laird, Menjivar, Reyes, and Richardson have 7 each What is the average number of committee assignments per Senator? 5 During the 2025-26 Session, there were: Total number of SBs: 1,447 Total number of SCAs: 5 Total number of SJRs: 19 Total number of SCRs: 197 Total numbe...