The Value of Explanations in Bill Plus Sections

The Value of Explanations in Bill Plus Sections By Chris Micheli

            In reviewing the more than 2,600 bills introduced in the 2023 Legislative Session, I have come across a number of bill sections that could benefit from additional explanation. What I mean by that is that some sections at the end of bills, called “plus sections,” should not just merely make a statement, or a finding and declaration.

            Instead, those sections should contain a brief statement that justifies the legislative statement. What is an example that shows what I am referring to? One standard plus section is when the Legislature wants to apply a proposed statute to both general and charter cities.

            Some bills simply include the legislative finding and declaration that they want it to apply to all cities. The following is an example of that standard language:

 

The Legislature finds and declares that Section 1 of this act adding Section 65960.1 to the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.

            On the other hand, some bills contain an explanation of why the legislature is making a finding and declaration that the proposed statute should apply to all cities. The following is an example of this standard language with explanation (in bold italics):

 

The Legislature finds and declares that to lower the cost of housing production by reducing unnecessary parking requirements is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65863.3 to the Government Code applies to all cities, including charter cities.

            There are several other examples from recently-introduced legislation in the 2023 Session that contain explanations, rather than just a statement. The following are examples of standard language with explanations (in bold italics):

 

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

 

The Legislature finds and declares that the addition of Division 6 (commencing with Section 33300) to Title 3 of the Government Code by this act serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution by incentivizing and attracting small-budget independent film and television production to the San Diego region, which will bring economic growth, jobs, and internships to San Diego residents.

            As opposed to the first example, which did not include any explanatory information, the other examples cited tell the reader, such as the judiciary, the purpose of the legislative finding or why a particular provision is required. The later examples represent the better approach to take in drafting so that there is no ambiguity or lack of justification for any legislative determinations required by the bill’s statutory provisions.

 

Comments

Post a Comment

Popular posts from this blog

Another Reason to Limit Bill Introductions?

Another Reason to Limit Bill Introductions?  By Chris Micheli             As I did my final review of Governor Newsom’s actions on the 1,046 bills sent to him after the 2023 Legislative Session, I noticed that some of the Governor’s veto messages provide additional rationales for limiting bill introductions.             Out of 156 vetoes from the 2023 Session, the number one reason for the Governor’s veto was budget concerns or cost pressures. In fact, 41% of the vetoes used that basis. That by itself is not a reason to limit bill introductions, but another statistic may provide such a reason…             By my count, just over 1/3 of the bills vetoed by Governor Newsom likely should not have been sent to his Desk and, arguably, should not have made it through the process at all. In fact, perhaps they should not h...
Read more

Frequently Asked Questions about California’s Budget Process

Frequently Asked Questions about California’s Budget Process  By Chris Micheli             What are the main parts of the California state budget? They are the Budget Bill, Budget Bill Junior, Trailer Bills, and Supplemental Reports.             What is the Budget Bill? This bill contains the appropriations and “Budget Bill Language”. Note that only a Budget Bill (or BBJ) can contain multiple appropriations. It requires a majority vote for passage and the bill takes effect immediately. There is just one Budget Bill. What is the “Budget Bill Jr.”? This is the bill that amends the main Budget Bill by making changes to multiple appropriations. There are often multiple BBJs. What is a Trailer Bill? This bill makes the statutory changes needed to implement the budget. It is the same as any other bill, but it takes effect immediately with a majority vote if it contain...
Read more

Can Any Bill Call an Election?

Can Any Bill Call an Election?  By Chris Micheli             In June 2024, we saw two bills that contain a provision to call an election.             Both bills contain a “plus” section at the end of the bill, which is an uncodified statute, stating the following: “this act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.” Such a measure only requires a majority vote, unless some other constitutional provision requires a higher vote threshold (e.g., a tax increase). What is the basis for this statement? Section 8(c)(3) of Article IV of the state Constitution provides: “ Statutes calling elections, statutes providing for tax levies or appropriations for the usual current expenses of the State, and urgency statutes shall go into effect immediately upon their enactment.” However, there is no further gui...
Read more