Chris Micheli

Should Legislative Intent Statements Be Codified?  By Chris Micheli             On occasion, California legislators include statements of intent, or make findings and declarations, in their bills. When reviewing these bills, readers will see that, in most instances, these statements are “uncodified.” In more limited cases, these statements are codified along with the other, substantive statutory provisions. This raises the question whether these legislative statements should be codified or not. Essentially, codified laws are all of the statutes that are contained in the Codes for the State of California. There are 29 Codes in California, beginning with the Business and Professions Code and ending with the Welfare and Institutions Code, with 27 other Codes in between. Codified laws are those that are of general applicability and are permanent in nature.             As a general rule, uncodified laws are not viewed as being permanent in nature and they are usually of a specific, ra

Political Rights and Duties of the People  By Chris Micheli             California’s Government Code provides the “political rights and duties” of the People of the State of California in Article 2 of Chapter 2 of Division 1 of Title 1, which was enacted in 1943. Government Code Section 270 provides that every person while within the State is subject to its jurisdiction and entitled to its protection.             Section 271 specifies that allegiance is the obligation of fidelity and obedience which every citizen owes to the State. Section 272 provides that allegiance may be renounced by a change of residence.             Section 273 explains that a citizen of the United States who is not a citizen of the State has the same rights and duties as a citizen of the State who is not an elector. Section 274 provides that an elector has no rights or duties beyond those of a citizen who is not an elector, except the right and duty of holding office and voting.

Should "Notwithstanding" Phrase Be Used?  By Chris Micheli             We often find in California statutes the opening phrase, “notwithstanding any other provision of law.” In other instances, we find the phrase, “except as provided in subdivision (a).” Which phrase should be used? Which phrase should be avoided?             In some states, they try to avoid the term “notwithstanding” to express a limitation of a general provision of the same act. For example, Utah’s Bill Drafting Manual explains, “ The term "notwithstanding" is often used as a shortcut to avoid conflicts with other laws. It is preferable for a drafter to rewrite the section so that there is no conflict. If a conflict cannot be avoided, a drafter should specify the existing section that is in conflict and indicate that the provisions of the bill supersede that section. It is important to be as specific as necessary to explain which provision is being superseded. Only if it is impossible to spec

What’s the Difference in Legal Titles?  By Chris Micheli             Have you ever wondered what the difference is between an attorney and a lawyer? What about those who use the term counsel or esquire? In California, “attorneys” are those licensed to practice law by the State Bar. But attorneys, lawyers, and even counselors or counsels have been trained in the practice of law.             There are some who distinguish an attorney as having passed a state’s bar exam and therefore is licensed to practice law in court in that state, while lawyers may not have taken the bar exam or may not practice law. So, in some jurisdictions, the term lawyer is used for those who graduated from law school, but the term attorney is used once you pass the bar exam and are licensed to practice law in a jurisdiction.             The term esquire, following a person’s name in the form of Esq., only has legal status in the state of New York. In California, for example, this title does not mean that a

The Governor and the Public Records Act  By Chris Micheli             California’s Government Code provides for access to public records, which is set forth in the California Public Records Act (PRA), which is contained in Division 10 of Title 1. There are specified types of public records and rules related to certain public employees and officials. Article 1 of Chapter 14 of Part 5 of Division 10 of Title 1 deals with the Governor.             Government Code Section 7928.000 provides that, with specified exceptions, the Public Records Act does not require the disclosure of correspondence of and to the Governor or employees of the Governor’s office or in the custody of or maintained by the Governor’s Legal Affairs Secretary. However, public records cannot be transferred to the custody of the Governor’s Legal Affairs Secretary to evade the disclosure provisions of the PRA.             Section 7928.005 specifies that, when the Governor leaves office, either voluntarily or involunt

What Are the Joint Recesses in the Second Year of Session?  By Chris Micheli             The Joint Rules of the California State Senate and Assembly contain more than sixty provisions, including Joint Rule 51, which deals with the legislative calendar.             Subdivision (b) of Joint Rule 51 deals with the second, or even-numbered, year of the Legislature’s 2-year legislative session. Joint Rule 51(b) requires the two houses of the Legislature to observe three recesses during the second year (i.e., the even year) of the regular session. Those recesses are the following: Spring Recess—The Legislature shall be in recess from the 10th day prior to Easter until the Monday after Easter. Summer Recess—The Legislature shall be in recess during the month of July. This recess may not commence until the Budget Bill is passed. Final Recess—The Legislature shall be in recess on September 1 until adjournment sine die on November 30. The remainder of the legislative calendar for

Why California’s Minimum Wage Will Be $15.50 on January 1  By Chris Micheli             Based upon a written certification issued by the California Department of Finance (DOF) on July 27, the state’s minimum wage will be increased on January 1, 2023 for all employees, regardless of the size of the business. The DOF letter states, in part, “Finance has determined that minimum wage shall increase by 3.5 percent to $15.50 per hour and shall be implemented for all employers on January 1, 2023.” While Senate Bill 3 (Leno) that was enacted April 4, 2016 as Chapter 4 made a distinction between small employers and all other employers, due to the DOF certification pursuant to Section 1182.12 of the Labor Code, that distinction is no longer application. In addition, the minimum wage of $15.50 applies to both private and public sector employers. Under existing law, there has been a yearly increase in the minimum wage which was scheduled to end at $15 for all employers by January 1, 2023 (th

Pitching Projects for Budget Funding  By Chris Micheli             Part of the California budget process, certainly when the State’s General Fund enjoys a surplus of revenues, is for legislators and interested parties to pursue funding for a specific project in California. For example, proponents may desire funding for a project such as green space, or a community recreational center. The other type of project is one pursued by a legislator or group of legislators (e.g., those representing a local area of the state that is pursuing state funding for a regional project, such as a transportation corridor).             In either approach, the purpose is to secure funding for a particular project with that funding usually coming from the state’s General Fund. On occasion, there might be the opportunity to qualify for funding from a special fund.             Like the legislative process generally, there are different procedures and players in the state budget process. While the annual

Use of Floor Alerts in the California Legislature  By Chris Micheli             As part of lobbying efforts in the California Legislature, when a bill reaches the Floors of either the State Assembly or the State Senate, lobbyists and lobbying organizations often utilize “floor alerts” for distribution to legislative offices. Are these helpful or useful?             It usually depends on the time of year in the legislative session whether floor alerts are helpful or useful for legislators and their staff. In other words, the more bills that are being considered on the Floors of the Assembly and Senate, which also means an increased volume of floor alerts being submitted, the harder it will be for floor alerts to be of value. Those who walk the halls of the Capitol or Swing Space during busy times of the Legislative Session have probably seen the in-boxes of many legislative offices over the years and, during the last week of the Legislative Session for example, there are literally

California’s Courts of Appeal  By Chris Micheli             California has three levels of courts – trial courts (called the superior courts), courts of appeal, and the high court (called the supreme court). Title 8 of the California Government Code deals with the organization and government of the state’s courts. Chapter 4 sets forth the courts of appeal. Article 1 provides general provisions and Article 2 provides officers and employees.             Government Code Section 69100 provides that the state is divided into six court of appeal districts designated as follows: ·          The Counties of San Francisco, Marin, Sonoma, Napa, Solano, Lake, Mendocino, Humboldt, Del Norte, Contra Costa, Alameda, and San Mateo constitute the First Appellate District. ·          The Counties of San Luis Obispo, Santa Barbara, Ventura, and Los Angeles constitute the Second Appellate District. ·          The Counties of Siskiyou, Modoc, Trinity, Shasta, Lassen, Tehama, Plumas, Colusa, Glenn

Official Reporter of California Appellate Court Decisions  By Chris Micheli             California law requires the appointment of a “reporter of decisions” of the state supreme court, as well as the courts of appeal. Government Code Title 8, Chapter 3, Article 3 concerns the Reporter of Decisions. Government Code Section 68900 requires the California Supreme Court to appoint the reporter of the decisions of the Supreme Court and of the courts of appeal. The official reporter serves at the pleasure of the Supreme Court. Government Code Section 68901 specifies the annual salary of the reporter, as set by the Supreme Court, subject to the approval of the Judicial Council Chair. Section 68902 specifies that the opinions of the Supreme Court, of the courts of appeal, and of the appellate divisions of the superior courts as the Supreme Court may deem expedient are to be published in the official reports. Section 68903 requires the official reports to be published under a contract to b

Ethics Training for Local Agencies  By Chris Micheli             The California Government Code provides numerous powers and duties to local agencies, including cities and counties, as well as to their officers and employees. These local agency officers and employees and required to have ethics training. Government Code Section 53234 defines the terms “legislative body,” “local agency,” “local agency official,” and “ethics laws.”             Section 53235 requires all local agency officials to receive training in ethics if that local agency provides any type of compensation or reimburses expenses for members of a legislative body. Each local agency official is required to receive at least two hours of training in general ethics principles and ethics laws relevant to his or her public service every two years.             The Fair Political Practices Commission and the Attorney General must be consulted regarding the sufficiency and accuracy of any proposed course content. A local

New Laws Report  By Chris Micheli             According to the Office of Legislative Counsel, which produces the legislative publications, the New Laws Report is a listing of all bills enacted in a calendar year during the Legislative Session.             This legislative publication provides an index that identifies the bill and chapter number, lead author, and the subject matter of the measure. All bills on the list become effective on January 1 following the year of enactment, unless otherwise noted.

Legislative Index  By Chris Micheli             According to the Office of Legislative Counsel, which produces the legislative publications, the Legislative Index (often referred to as the “Index”) is a compilation of all legislative measures for the current Legislative Session in the form of a subject matter index.             This legislative publication provides an index of the subject matter of every bill, constitutional amendment, concurrent resolution, and joint resolution, both as introduced and as amended. Index e ntries are not removed from the index when the subject matter is deleted from the measure in the course of passage.              Online, the Office of Legislative Counsel provides a Legislative Index, Prior Sessions, which are the final editions of the Legislative Index beginning with the 2017-18 Legislative Session.  

Table of Sections Affected  By Chris Micheli             According to the Office of Legislative Counsel, which produces the legislative publications, the Table of Sections Affected (often referred to as “TOSA”) is an index of each section of California’s Constitution, as well as the 29 California Codes, and even uncodified laws and budget line items, that are affected by introduced bills.             This legislative publication provides links for the measure and the chapter number. The Table of Sections Affected is updated regularly and includes all legislative actions as of the date indicated on the title page of this publication. The TOSA is cumulative. Online, the Office of Legislative Counsel provides a Table of Sections Affected, Prior Sessions, which are the final editions of the Table of Sections Affected beginning with the 2017-18 Legislative Session.

Judicial Emergencies in California  By Chris Micheli             California’s Government Code provides procedures for judicial emergencies in this state. Government Code Section 68115 deals with instances of war, an act of terrorism, public unrest or calamity, epidemic, natural disaster, or other substantial risk to the health and welfare of court personnel or the public, as well as a large influx of criminal cases within a short period of time, or a state of emergency proclaimed by the Governor or the President.             If any of these circumstances threaten the orderly operation of a superior court location or locations within a county or renders presence in, or access to, an affected court facility or facilities unsafe, the presiding judge may request and the Chairperson of the Judicial Council may by order authorize the court to do one or more of the following:   ·          Hold sessions anywhere within the county.   ·          Transfer civil cases pending trial in th

Voter Approved Special Taxes  By Chris Micheli             California’s Government Code provides numerous powers and duties to cities and counties and Article 3.5 deals with voter-approved special taxes. Government Code Section 50075 provides that it is the intent of the Legislature to provide all cities, counties, and districts with the authority to impose special taxes, pursuant to the provisions of Article XIII A of the California Constitution.             Section 50075.1 provides that any local tax that is subject to voter approval that would provide for the imposition of a special tax by a local agency must provide accountability measures that include, but are not limited to, all of the following: ·          A statement indicating the specific purposes of the special tax. ·          A requirement that the proceeds be applied only to the specific purposes identified. ·          The creation of an account into which the proceeds shall be deposited. ·          An annual r