Chris Micheli

Obstacles Faced in the Legislative Process  By Chris Micheli              As one might contemplate, there are numerous obstacles to overcome during the legislative process in California. These are generally categorized as policy, fiscal and political obstacles that may have to be addressed as a bill travels through the legislative process. In preparation for introducing a bill, this article poses a few questions that a person may want to ask before proceeding with a bill in the California Legislature.   Legislators’ Concerns   When presenting a bill proposal to a legislator as potential author of a bill, generally legislators care about the following key issues:   ·          What does the bill do and what are the policy arguments for and against the bill? ·          What is the fiscal impact, if any, of the bill? ·          Who will support the bill? ·          Who will oppose the bill? ·          How does the bill impact their district? ·          How will the

How Can a Higher Vote Threshold Be Imposed on Bills in the California Legislature?  By Chris Micheli The California Constitution, in Article IV, Section 8(b)(3), clearly states the following: “ No bill may be passed unless, by rollcall vote entered in the journal, a majority of the membership of each house concurs.” As a result, in the state Constitution, a simple majority of the Assembly (i.e., 41 affirmative votes) and Senate (i.e., 21 affirmative votes) are required for passage of a bill. Nonetheless, observers of the legislative process will know that there are higher vote thresholds required for passage of a bill. Some are obvious because they are also found in the state Constitution. For example, in Article IV, Section 8(d), it provides for urgency clause bills: “ In each house the section and the bill shall be passed separately, each by rollcall vote entered in the journal, two thirds of the membership concurring.” But what about a bill that requires a super-majority vote

What Are the Two Different Sections and Amendments Contained in Bills?  By Chris Micheli             Are there really two different types of sections contained in a bill? And are there actually two different types of amendments contained in bills? Yes Sections             Bills contain two different types of “sections” – bill sections and code sections. So, it is important that, when discussing a bill, you use the proper terminology and be precise in your word choice.             Bill sections begin with SECTION 1 and continue with SEC. 2, SEC. 3, etc. A bill section is generally the section of a bill which provides that a provision of state statutes is amended, added, or repealed as indicated. The language from this type of section does not become a part of the code. Instead, each bill section identifies the code that it affects.             On the other hand, each section of code that is to be amended, added, or repealed, is set forth in full in the body of the bill. Code s

Using the Correct Reference in Bills and Statutes  By Chris Micheli             One of the confusing aspects of describing provisions in statutes and in bills is using of the correct terminology.             For bills, there are only sections. Section 1 of a bill is always written as SECTION 1. All other remaining sections of a bill are written as SEC. 2. Whether the bill has codified or uncodified language, only sections are used. As a result, when describing the provisions of a bill, a reader will refer to the section number of a bill.             For statutes, all of which fall under one of the 29 Codes, there are sections, subdivisions, paragraphs, and subparagraphs. And, each of these designations uses either a letter or number. The following are the terms associated with their letters or numbers:             Section 1234. – the code section always has a number   Subdivision (a) – the subdivision comes next and uses a lower-case letter in parentheses   Paragraph (1

What Are Bill “Corrections”?  By Chris Micheli             While California bills do make corrections to existing statutes by amending them, readers may occasionally come across the word “Correction” located at the bottom of a bill. What does that mean?             The following are recent examples found on the last page of bills during the 2022 Session:   CORRECTIONS: Text—Pages 124 and 141. OR                         REVISIONS:                         Heading — Pages 3 and 5.             This means that the bill was given a technical correction or two. These are not formal amendments to a bill. They are technical corrections, usually as determined by the Office of Legislative Counsel. For example, the heading may have been changed because there was a typo or misspelling. Similarly, the text may have been corrected because the directions to the State Printer contained a technical error.             Even the Legislative Counsel’s Digest can be corrected like this. Fo

“Batching” of Bills versus Consent  By Chris Micheli             For those tuning into the Assembly Floor Sessions during deadline weeks, you are likely to hear the term “batching.” What does that term mean? Batching             Batching means putting together a group of bills for consideration in a single motion, or vote. The Assembly reviews the recommendations of the Democratic and Republican Caucuses and, where appropriate, “batches” together a group of bills and takes a single vote on that batch of bills. The first requirement is that both party Caucuses have a “support recommendation” on the bills. The second requirement, naturally, is whether both parties agree to the measures that are included in that “batch” being subject to a single vote.             How does batching differ from the consent calendar? Consent There are several specific rules related to measures on consent. Under the Joint Rules, there are the following: JR 22.1 deals with “Consent Calendar: Unco

Behested Payments and the Political Reform Act  By Chris Micheli             California’s Political Reform Act regulates “behested payments” which are requested by elected officials and made by donors. Government Code Section 82004.5 defines “behested payment” to mean a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under any of the following three circumstances: ·          Full and adequate consideration is received from the committee or elected officer. ·          The payment is made to a different candidate or to a committee not controlled by the behesting candidate. ·          As to an elected officer, it is clear from the surrounding circumstances that the payment was made for purposes unrelated to the officer’s seeking or holding of elective office (i.e., a portion of the payment is used for election-related activities). In addition, pursuant to Section 82004.5, the following five

How to Amend or Revise California’s Constitution  By Chris Micheli             The California Constitution, naturally, provides the avenues to amend or revise its provisions. Specifically, Article XVIII deals with amending and revising the constitution, which was most recently amended by Proposition 6 on the November 3, 1970 ballot. Article 18 contains four sections. Section 1 provides that the Legislature, by 2/3 vote, may propose an amendment or revision of the Constitution and may amend or withdraw its proposal. Each amendment is required to be prepared and submitted so that it can be voted on separately by the electorate. Section 2 specifies that the Legislature, by 2/3 vote, may submit at a general election the question whether to call a convention to revise the Constitution. If the majority of the electorate votes yes, then within 6 months the Legislature is required to provide for the constitutional convention. Delegates to a constitutional convention must be voters electe

Properly Addressing the Presiding Officer of a Legislative Body  By Chris Micheli             There are two areas of confusion regarding properly addressing the presiding officer of a legislative committee or on the floor. In committees, the presiding officer may be addressed by fellow legislators, advocates, or members of the general public. On the floors, the presiding officer is only addressed by fellow legislators. In both instances, there have been questions about how to do so properly and what rules are applicable.             The rules of the California Legislature provide some guidance, as do Mason’s Legislative Manual. Where the Legislature’s rules are silent, “Mason’s Manual” applies. Assembly Rule 10 states: “ Mason’s Manual. 10. In all cases not provided for by the California Constitution, by the Assembly Rules, by the Joint Rules of the Senate and Assembly, or by statute, the authority is the latest edition of Mason’s Manual.”             Senate Rule 21.5 provides, i

Are Acronyms Used in California Statutes?  By Chris Micheli             With the formal language used in California statutes, a reader would expect that a program or department name is used, rather than an acronym. However, that is not always the case. Here are a few examples of acronyms that are set forth in California statutes: Supplemental Nutrition Assistance Program  (SNAP)  (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code) or the California Food Assistance Program  (CalFresh)  (Chapter 10.1 (commencing with Section 18930) of Part 6 of Division 9 of the Welfare and Institutions Code). Supplemental Security Income (SSI) and State Supplementary Payment (SSP) (Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code). California Work Opportunity and Responsibility to Kids Act (CalWORKs) (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions

Active versus Passive Voice in Legislation  By Chris Micheli             In California, bill drafters 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 statutes.             As a result, many examples of the passive voice remain in California statutes. As bills in the Legislature amend state statutes, the Office of Legislative Counsel will update those code sections to reflect the active voice.             The following examples of passive versus active voice changes to state statutes are contained in bills recently sent to the Governor’s Desk for final action:   …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 shall  This chapter does not  restrict, limit, or prevent  any   a  p