Chris Micheli's Blogs Posted thru 2/25/23 (316)

 Chris Micheli's Blogs Posted thru 2/25/23 (316)

The Value of Explanations in Bill Plus Sections

More Detailed Spot Bill Language in Digests Is Helpful

Official State Designations in California

Comparing 2023 Bill Introductions to Past Years

Should a Special Statute Rely Upon Findings and Declarations?

Possible New Approach for Appropriations Bills?

Because It Doesn’t Happen Often…

How Many Bills Were Introduced in the 2023 Session?

Ex officio Versus Nonvoting Members

What Is a Reversion Clause?

Legislative Terms Compared

Unique Provisions of California’s Code of Civil Procedure

Is It Time for a Federal Tax Conformity Bill in California?

HR 1 and the Speakership

Enacting Clauses in Legislation

Are the Following Bills Substantive or Nonsubstantive?

More on Drafting Definitions in California Legislation

Express Versus Implied Repeals of California Statutes

Federal Constitutional Limitations on the California Legislature

Types of Penalties to Draft in Statutes

Why Is a Constitutional Amendment Given a Resolution Chapter?

Are Bills with Only Findings and Declarations Considered Substantive?

Senators Temporarily Cover “Unrepresented” Areas of California

Legislative Findings and Declarations Versus Intent Statements

Saving Versus Grandfathering Clauses

Drafting Legislative Counsel Digests

Specific Bill Drafting Guidance in California

The Use of “Shall” Versus “May” in California Statutes

“That” Versus “Which” in California Statutes

What Is a Proviso in California Law?

How a Bill Becomes Law – The Basics of the California Legislative Process

Following the Legislative Process in California

How Can You Tell Which Daily File Is for the Special Session?

2022 Legislative Session Update of Assembly and Senate Letters to the Journals

Volume of Daily Journal Letters Submitted by Bill Authors

Should Legislative Intent Statements Be Codified?

Political Rights and Duties of the People

Should “Notwithstanding” Phrase Be Used?

What’s the Difference in Legal Titles?

The Governor and the Public Records Act

What Are the Joint Recesses in the Second Year of Session?

Why California’s Minimum Wage Will Be $15.50 on January 1

Pitching Projects for Budget Funding

Use of Floor Alerts in the California Legislature

California’s Courts of Appeal

Official Reporter of California Appellate Court Decisions

Ethics Training for Local Agencies

New Laws Report

Legislative Index

Table of Sections Affected

Judicial Emergencies in California

Voter Approved Special Taxes

Administrative Adjudication Bill of Rights

Could a “Penalty” on Oil Companies Be Passed by a Majority Vote?

What Are the DOF’s Required Reports to the Legislature

What Is the Order of Items in a Bill Title?

Drafting a Bill that Calls an Election

What Are the Differences Between Senate Rules 28.8 and 28.9?

What Are the Joint Recesses in the First Year of Session?

Which Legislative Rules Apply / Do Not Apply to Special Session Bills?

What Is Being Amended When a Bill Gets Amended Multiple Times?

Fair Campaign Practice in California

Classification of Counties in California Legislation

Role of Legislative Counsel in Initiatives

Can the Public Be Excluded from Legislative Committee Hearings or Floor Sessions?

Automatic Repeal of Reporting Requirements in California Bills

Bills That Need to Go Before Voters

What Happens to Bills Authored by a Former Member?

Commission on State Mandates Reports to the Legislature

Constitutional Rules for the State Budget

Constitutional Vote Requirements for the Legislature

Contingencies in California Legislation

Does a “Continuous Appropriation” Violate the Principle Against Binding a Future Legislature?

Citing Court Decisions and Statutes in California Legislation

California’s Constitutional Officers

California State Budget Lingo

California’s First Codes

Determining the Validity of Regulations Under the APA

Determining Whether Agency Action Is a Regulation

Declarations of Existing Law in Statutes

Effective Dates of Statutes

Examples of Proper Legislative Drafting Principles

Expulsion or Suspension of State Legislators

The Governor’s Pardon Power

How Many State Laws Are There in California?

How to Draft an Intent Bill

Gift of Public Funds Disclaimer in California Bills

Is Voting Secret in California?

Legislative Declarations for Urgency and Special Statutes

Legislative Approval of an MOU

Vote Thresholds for Motions in the California Legislature

Legislature’s Employee Whistleblower Protection Act

Legislature’s Harassment Retaliation Prevention Act

Liberally Construing California Statutes

Limits on Bill Introductions

Limitations on Incumbency

Determining Whether Amendments Are Germane

Loyalty of State Personnel

Eliminating Legalese in California Statutes

Online Voter Registration in California

Private Rights of Action in California Legislation

Presumptions in California Legislation

Deferral Clauses in California Legislation

Per Diem and Legislators’ Expenses

Provisional Voting in California

Bills with Public’s Right of Access Disclaimers

Public Hearings Under the APA

Punctuation in California Legislation

Rules of Decorum in the California Legislature

Section 2229 Waivers in California Legislation

Should State Contracts or Grants Be Exempt from Oversight Laws?

Should Either Cross-references or Definitions Be Used in Legislation?

Some Interesting Provisions in the Firearms Private Right of Action Bill (2022)

Some Interesting Provisions in AB 587 (2022) on Social Media Companies

Some Interesting Provisions from AB 2406 (2022)

Special Legislative Rules for Bills Amending Ballot Measures

Speaking in an Affirmative or Active Voice in Legislation

Statements of Economic Interest by Public Officials

Statutes, State Agencies, and the APA

The Astounding Workload of the California Legislature’s Committees

California Governor’s Different Roles

The Legislature and Gaming

The Plight of AB 1638 (2022) – A Reminder of Legislative Process Rules

The Order of Bill Authors and Co-authors

The Purposes of the California APA

California’s Voter Bill of Rights

Voluntary Candidate Spending Limits

What Is a Conflict in California Legislation?

What Is a Municipal Affair in California Legislation?

What Is a “Heading” in California Law?

What Is a Section 2230 Waiver in California Legislation?

What Is a “Loophole” in the Tax Laws?

Businesses and Professions Regulated by California’s B&P Code

What Does the Term “Construe” Mean in California Statutes?

Validation Bills in the California Legislature

Standard Sections in the California Budget Bill

Uniform Acts in California Law

Drafting California Bond Legislation

Bond Measures Submitted by Voters

Important Budget Publications from DOF

What Is the Difference Between GO and Revenue Bonds?

When Do Local and State Elected Officials Take Office?

Why Are Conference Committees Rarely Used in the California Legislature?

Why Do Senate and Assembly Committees Meet Jointly?

Why Do California Statutes Use the Term “Abrogate”?

Why Do California Codes Have General Provisions?

Why Is the UC Hastings Renaming Bill an Interesting Bill Study?

Writing Legislative Bill Analyses

Write-in Candidates in California

Unique Aspects of the California Referendum Process

What Are “Statutes Other Than Codes”?

What Are Continuous Appropriations?

What Are Notwithstanding Clauses?

What Is a Constitutional Amendment?

What Is a Resolution?

What Is a Bill?

Electing California’s Assembly Speaker

Party Caucuses in the Assembly after the General Election

State Agencies Notify Bill Authors of Rulemaking

OAL’s Disapproval Process for Regulations

Express or Implied Rulemaking Authority in California

What Is Exempt Under California’s APA?

Effective Dates of California Regulations

Making the Houses Run Smoothly: Assembly Chief Clerk and Senate Secretary

Conducting Business on the Floors of the California Legislature

Electing Officers in the California Legislature

Political Activities of Public Employees

Single Subject Rule and the Initiative

Key Reminders in Drafting Legislation

Prohibitions on Specified Officers

California’s Ethics in Government Act

Judging the Qualifications of Members of the Legislature

Sending or Withdrawing Bills from the Floor

Legislative Grants of Rulemaking Authority

California’s Balanced Budget Requirement

The Seven Cs of Basic Legislative Drafting

Role of Administrative Agencies in State Government

Comparing California Government to Those of Other States

Legislative Committee Staff

Legislative Committee Rules

Are Companion Bills Used in the California Legislature?

Sponsored Bills: What Are They and Why Do They Matter?

Legislative versus Regulatory Lobbying

Impeachment of State Officers

Role of the Judicial Branch in the Lawmaking Process

Role of the Legislative Ethics Committees

The Role of the Capital Lawyer

Role of Local Governments in California

Roles of the AG and the LAO in the Initiative Process

Formal Roles of Governor and Lt. Governor in the Legislative Process

Using Mason’s Manual in the California Legislature

Delegation of Authority by the Legislature

Standard Features of Initiative Measures

Using Journal Letters Cannot Be a Substitute for Bill Amendments

Legislative Code of Ethics

Session Reports by Legislative Leaders

Engrossing and Enrolling Processes in the California Legislature

What Is a Special Order of Business?

Underground Regulations and the APA

Regular versus Emergency Rulemaking in California

Summary of OAL’s Six Standards of Review for Proposed Regulations

Who Holds Greater Lawmaking Power: The Legislature or the People?

Seat of Government

Would Legislation Be Strengthened by a Purpose or Intent Statement?

Drafting Rules for Several Specific Types of Bills

Obstacles Faced in the Legislative Process

How Can a Higher Vote Threshold Be Imposed on Bills in the CA Legislature?

What Are the Two Different Sections and Amendments Contained in Bills?

Using the Correct Reference in Bills and Statutes

What Are Bill “Corrections”?

“Batching” of Bills versus Consent

Behested Payments and the Political Reform Act

How to Amend or Revise the California Constitution

Properly Addressing the Presiding Officer of a Legislative Body

Are Acronyms Used in California Statutes?

Active versus Passive Voice in Legislation

What Is the Gann Limit or State Appropriations Limit?

Codified versus Uncodified Laws

What Is a Code Maintenance Bill?

Crimes Against the Legislative Power

Adjournment in the California Legislature

California’s Reenactment Rule

Oath of Office in California

Governor’s Line-Item Veto Authority

Separation of Powers Doctrine in California

Intent Bills Are Not Spot Bills and Vice Versa

The Role of the Legislative Counsel

An Overview of Local and State Open Meetings Laws in California

Where Do We Find California Laws?

Do Courts Delve into Legislative Findings and Declarations

Can the Public Be Excluded from Legislative Committee Hearings or Floor Sessions?

Does the Legislature Meet in Public or in Private?

Drafting Considerations for California Bills – Part I

Drafting Considerations for California Bills – Part II

Drafting Considerations for a California Legislative Constitutional Amendment

Drafting Considerations for a California Legislative Resolution

The Legislative Counsel’s Digest

Retroactive v. Prospective Legislation

Drafting Definitions in California Statutes

An Overview of Proposition 54 and Its Impact on California Government

California’s Judicial Branch of Government

Judicial Branch Support Agencies

Judicial Branch Policy Making

Is There Liability for Enacting Unconstitutional Laws?

Is the California Legislature a Bill Factory?

California Constitution Versus Federal Constitution

A Comparison of the President and Governor in the Lawmaking Process

A Comparison of Congress and the Legislature in the Lawmaking Process

Comparing California Government to Those of Other States

Comparing State and Federal Judiciaries

Comparing California’s Constitution

Governor’s Reorganization Plans

The Legislature Should Stop Adopting APA Exemptions

Peaking Under the Dome: Is It Deal-Making or Vote Trading in California’s Capitol?

Why Might a Bill Be Declared Unconstitutional?

Are Legislative Findings and Declarations Necessary in Legislation?

State-Mandated Local Programs in California Legislation

When Does the 1-Year ‘Revolving Door’ Ban Begin and End for Those Leaving Government Service?

Making Legislation More Readable

California’s Ballot Initiative Transparency Act

The Enrolled Bill Rule in California

Using Model or Uniform Acts for Bill Drafting

What is Gender-Neutral Legislative Drafting?

Pilot Projects and Sunset Dates in California Legislation

What Is the SRIA?

Do Lieutenant Governors Sign Bills?

Vote Changes in the California Legislature

Why Do Legislators “Move a Call”?

Why Is the Phrase “The Desk Is Clear” Used?

Why Do Legislators Speak “On Condition of the File”?

Special Session or Extraordinary Session – Which Is It?

Judges Should Better Appreciate the Legislative Process and Bill Drafting Principles

Is There a Difference Between Vagueness and Ambiguity?

Do Governors Allow Bills to Become Law Without Their Signature?

How Many Bills Historically Get Introduced?

AB 2183 – An Interesting Bill Signing Case Study

A Review of Joint Committees in the CA Legislature

Consideration of Governor’s Vetoes by the Legislature

Signing Messages by the Governor

A Brief Analysis of the Cal Chamber’s “Job Killer” Bill Program

Should There Be a Distinction Among the Types of Legislative History?

What Is the “Order of Enumeration”?

The “Sunset Review” Process in the California Legislature

The “Sunrise” Process in the California Legislature

Writing Advocacy Letters

What Happens in the Middle Part of the Legislative Session?

What Happens in the Last Part of the Legislative Session?

What Happens in the First Part of the Legislative Session?

What Can a Bill Do to a Law?

Can All Legislative Rules Be Waived?

Urgency Clauses

Three Readings of a Bill

Tax Levies

Suspense File Process

State Mandated Local Programs

Overview of Legislative Publications

Other Floor Items

Meetings with Elected Officials and Staff

Lobbying Coalitions

Legislative Deadlines

Legislative Committee Hearings

Gut-and-Amend Bills

Governor’s Possible Actions on Bills

General Versus Special Statutes

Key End-of-Session Legislative Process Items

Effective Versus Operative Dates

Legislative Counsel Digest Keys

Convening the New Legislative Session

Bills on Consent

The Anatomy of a California Bill

When Does the 12-Day Period Begin for Possible Gubernatorial Action?

Disposition of Bills in the 2021-22 California Legislative Session

Summary of California Bills Per Session and Actions Taken

A Short Primer on Special Sessions in the California Legislature

Overview of 2022 Bill Actions by Governor Newsom, Plus Historical Notes

Improving the Lawmaking Process in California