Legislative Declarations Regarding Non-Municipal Affairs

Legislative Declarations Regarding Non-Municipal Affairs By Chris Micheli

            Bills in the California Legislature occasionally designate a provision of state law to apply to all cities, which means the proposed state law applies equally to both general law cities and charter cities. This occurs when the Legislature makes a finding and declaration that the matter addressed by the legislation “is a matter of statewide concern and is not a municipal affair” pursuant to the California Constitution.

            By making this finding and declaration, the Legislature states that the bill’s provisions apply to all cities, including charter cities (which are otherwise governed by their voter-approved city charter). The following is a recent example of this standardized language found in 2023 legislation:

 

The Legislature finds and declares that cybersecurity and the transmission of sensitive information 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 Article 9 (commencing with Section 14718) to Chapter 2 of Part 5.5 of Division 3 of Title 2 of the Government Code applies to all cities, including charter cities.

The following is an example from a special statute finding and declaration (note the language that begins with “because...):

 

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because the City of Murrieta is uniquely on track to meet its regional housing needs allocation and imminently in need of expanding city hall facilities to accommodate the growing demand for community services in connection with rapid population growth. A general statute could unnecessarily undermine existing state housing production goals in jurisdictions that lack imminent need and is consequently inappropriate.

            The same approach as immediately above in the example from a special statute should be utilized in bills that are applicable to both general law and charter cities, such as the following:

 

The Legislature finds and declares that cybersecurity and the transmission of sensitive information is a matter of statewide concern because numerous local jurisdictions have been subject to serious cyber attacks and they must protect sensitive information within their possession, 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 Article 9 (commencing with Section 14718) to Chapter 2 of Part 5.5 of Division 3 of Title 2 of the Government Code applies to all cities, including charter cities.

            Why do I believe this additional explanation is necessary? Simply because, in other instances, I have seen where the judicial branch in this state does not accept a mere “finding and declaration” by the Legislature. Not only have judges in this state looked beyond that declaration to determine whether there is any justification for it, but also they have rejected such declarations. As a result, I think a better approach is for legislation to contain explanations that should accompany any future legislative findings and declarations.

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