Chris Micheli

What Is Being Amended When a Bill Gets Amended Multiple Times?  By Chris Micheli             When a bill is introduced and it adds a new code section, that new law is in regular font. When a bill is introduced and it amends an existing code section, the amended language is in italics. When a bill is introduced and it repeals an existing code section, the repealed language is in strikeout. As a result, the introduced bill shows the proposed changes that would be made in the LAW by the bill.             But what happens when the language of the introduced bill is changed? Or, what happens when the bill is amended a second, third, or even fourth time? Those additional amendments to the BILL are based upon the last amended version of the bill. What does that mean?             When the bill above is first amended, all of the section that was in strikeout as introduced is not deleted from the bill. All of the section that was in italics in the bill as introduced is now in regular font.

Fair Campaign Practices in California  By Chris Micheli             California’s Elections Code provides rules for fair campaign practices in this state. They are contained in Division 20, Chapter 5, in Section 20400 to 20444. Article 1 deals with General Intent and Section 20400 declares that the legislative purpose of Chapter 5 is to encourage every candidate for public office in this state to subscribe to the Code of Fair Campaign Practices. The it also the intent of the Legislature that “every candidate for public office in this state who subscribes to the Code of Fair Campaign Practices will follow the basic principles of decency, honesty, and fair play in order that, after vigorously contested, but fairly conducted campaigns, the citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical practices which tend to prevent the full and free expression of the will of the voters.” In addition, the purpose in creating the Code of Fair

Classification of Counties in California Legislation  By Chris Micheli             Reading bills from the California Legislature, or reviewing statutes contained in the 29 California Codes, you might have come across a provision such as the following:   This section applies only to a county of the thirteenth class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28034, as amended by Chapter 1204 of the Statutes of 1971.                Reading the above provision might naturally lead to the reader asking, “What is a county of the thirteenth class?” California’s Government Code in Title 3 (“Government of Counties”), Division 2 (“Officers”), Part 5 (“Salaries”), Chapter 2 (“Classification of Counties”) specifies the 58 counties and their respective populations.             Government Code Section 28020 specifies that “the population of the counties of this state is hereby ascertained and determined to be and is as follows:” It then prov

Role of Legislative Counsel in Initiatives  By Chris Micheli             Many do not realize that the highly trained attorneys in the California Office of Legislative Counsel will draft an initiative for the statewide ballot. Under existing law, a ttorneys in the Legislative Counsel Bureau will assist in the preparation of an initiative measure when requested to do so by 25 or more electors.             In California’s Government Code, Title 2, Division 2, Part 2, Chapter 1 deals with the Legislative Counsel. In Article 2 of Chapter 1, which was added in 1945, there are specified duties of the Legislative Counsel. Government Code Section 10243 provides: The Legislative Counsel shall cooperate with the proponents of an initiative measure in its preparation when: (a) Requested in writing so to do by 25 or more electors proposing the measure; and (b) In the judgment of the Legislative Counsel there is reasonable probability that the measure will be submitted to the voters of the

Can the Public Be Excluded from Legislative Committee Hearings or Floor Sessions?  By Chris Micheli             As the pandemic recedes, there continue to be limitations on the public’s ability to access some of the committee hearings and floor sessions of the California Legislature. Are these limits on public participation permissible?             Article IV, Section 7(c) sets forth the applicable law. This provision of the state Constitution provides: (c) (1) Except as provided in paragraph (3), the proceedings of each house and the committees thereof shall be open and public. The right to attend open and public proceedings includes the right of any person to record by audio or video means any and all parts of the proceedings and to broadcast or otherwise transmit them; provided that the Legislature may adopt reasonable rules pursuant to paragraph (5) regulating the placement and use of the equipment for recording or broadcasting the proceedings for the sole purpose of minimizi

Automatic Repeal of Reporting Requirements in California Bills  By Chris Micheli             In reviewing bill language, a reader may come across a measure that requires a report to be submitted by a state agency. The following example contains language commonly found in statute:   A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795. Pursuant to Section 10231.5, this section is repealed on January 1, 2027.             Government Code Section 9795 concerns “Reports to the Legislature” and was enacted in 1996. It specifies that any reports that are required or requested by a state or local agency to the Legislature must be submitted to the Secretary of the Senate and Chief Clerk of the Assembly, as well as to the Legislative Counsel. Section 9795 also contains requirements to be met by these reports, which includes studies or audits.             Government Code Section 10231.5, which was enacted in 2010, contains two key requi

Bills That Need to Go Before Voters  By Chris Micheli             Even though a statute is created by a bill (or by an initiative measure), the California Legislature in certain instances must place a bill before the voters. According to Elections Code Section 9040:   Every constitutional amendment, bond measure, or other legislative measure submitted to the people by the Legislature shall appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal by the Legislature.             As a result of Section 9040, a bond bill or other bill (e.g., one that proposes to amend an initiative measure enacted by the voters) may have to go before the statewide voters before the bill can take effect. First, the Legislature must pass the bill and the Governor must sign the bill (or allow it to become law without signature). Second, the measure then must go before the voters at a statewide election.             The following example is l

What Happens to Bills Authored by a Former Member?  By Chris Micheli             On occasion, a Member of the California State Assembly or the State Senate resigns his or her elected office in order to take a new position either in or out of government. What if that legislator still has active pieces of legislation pending in either or both houses of the Legislature? Both the Assembly and Senate have dealt with this issue before and so each has adopted a rule governing the topic. Assembly Rule 47.1 is titled “ Bills Authored by a Former Member.” It reads as follows: “ Whenever the author of a bill in the Assembly is no longer a Member of the Legislature, upon a request of a committee or current Member of the house in which the bill was introduced, the Assembly Committee on Rules may authorize that committee or Member to be the author of that bill. Absent that authorization, an action may not be taken by a committee or the Assembly with respect to a bill authored by a former Member.

Commission on State Mandates Reports to the Legislature  By Chris Micheli             Article 3 of Chapter 4 of Part 7 of Division 4 of Title 2 of the California Government Code concerns reports to the Legislature by the Commission on State Mandates (CSM). Government Code Section 17600 requires, at least twice each calendar year, for the CSM to r eport to the Legislature on the number of mandates it has found and the estimated statewide costs of these mandates. This report also must identify the statewide costs estimated for each mandate and the reasons for recommending reimbursement.             Government Code Section 17601 requires the CSM to report each January 15 on the number of claims it denied during the preceding calendar year and the basis on which the particular claims were denied. Section 17602 requires the CSM by each January 15 to report to the Legislature the number of individual and consolidated incorrect reduction claims decided during the preceding calendar year a

Constitutional Rules for the State Budget  By Chris Micheli             The annual state budget bill, as well as the “budget bill junior” and budget “trailer bills” are governed by provisions of the California Constitution. The budget bill junior and budget trailer bills are formally called “other bills providing for appropriations related to the budget bill.” The provisions of law related to the State Budget are primarily contained in Section 12 of Article IV of the state Constitution. What are these provisions? First, within the first 10 days of each calendar year, the Governor is required to submit to the Legislature, with an explanatory message, a budget for the ensuing fiscal year containing itemized statements for recommended state expenditures and estimated state revenues. Although it can be introduced prior to or on January 10, this initial budget is referred to as the “Jan. 10 Budget.” Second, the budget is required to be accompanied by a budget bill itemizing recommende

Constitutional Vote Requirements for the Legislature  By Chris Micheli             There are a number of provisions contained in the California Constitution that specify certain vote requirements for the Legislature. The following are those provisions of the state Constitution: Article IV, Section 4 – Travel and living expenses for Members of the Legislature in connection with their official duties shall be prescribed by statute passed by rollcall vote entered in the journal, two-thirds of the membership of each house concurring. Article IV, Section 5(a)(1) – Each house of the Legislature may expel a Member by rollcall vote entered in the journal, two thirds of the membership concurring. Article IV, Section 5 (a)(2)(A) – Each house may suspend a Member by motion or resolution adopted by rollcall vote entered in the journal, two thirds of the membership concurring. Article IV, Section 5(a)(2)(C) – If a motion or resolution terminating the suspension is required, it is adop

Contingencies in California Legislation  By Chris Micheli             Bills in the California Legislature sometimes contain language that make the bill’s provisions contingent upon funding or some other circumstance. These are different than “contingent enactment” language which makes a bill’s enactment contingent upon passage of another measure, such as the voters’ adoption of a statewide ballot measure.             These contingencies do not affect the enactment of the bill. Instead, they affect whether a program is funded, or whether a new department begins its operations. The following are examples taken from recent legislation:   This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available.   The provisions of this section, in whole or in part, shall not become operative unless an agreement has been reached between the employer and a recognized employee organization or bargaining