Chris Micheli

Quiz on California Statutory Construction Principles  By Chris Micheli             This quiz is to test your knowledge about California’s principles of statutory construction. 1.       The purpose of statutory construction is to determine what the Legislature intended when enacting the statute in question. 2.       An extrinsic analysis is one in which the bill language itself is interpreted by the reviewing court. 3.       A general statute always applies over a specific statute. 4.       A more recently enacted statute is given more weight than an earlier enacted statute. 5.       Courts give reference to each word in a statute and qualifying words are applied to those immediately preceding them. 6.       The word “shall” and “must” are used interchangeably in California statutes. 7.       The word “may” is permissive in California statutes. 8.       A statute which lists specific items will prevent the inclusion of other items. 9.       California statutes are pr

Quiz on California Political and Elections Laws  By Chris Micheli             This quiz is to test your knowledge about California’s political and election laws.   1.       Like federal judgeships, California appellate court justices serve lifetime appointments.   2.       Trial court and appellate court judges are all appointed by the Governor and then subject to confirmation by the JNE Commission.   3.       In California, the two candidates who proceed to the November general election are the two candidates with the most votes at the primary.   4.       California legislators are allowed a maximum of fourteen years of service in either house or a combination of the two houses.   5.       A legislator can sit out two election cycles and then the term limits law begins anew.   6.       In California, corporate contributions can be made. However, at the federal level, they are prohibited.   7.       A business can make political action committee (PAC) camp

What Is Interim Study?  By Chris Micheli             For those who watched or participated in the Assembly Public Safety Committee hearing on seven fentanyl bills on April 27, 2023, you would have heard that one bill was sent to “interim study.” Such a motion has not been regularly made in many years, so a short refresher may be in order.             Obviously, a committee in the California Legislature can pass a bill, hold a bill, or defeat a bill.   For bills that are held in committee, there are some subtle differences, as set forth below:   ·          Held in Committee – this means a bill failed to get sufficient votes to pass out of committee.   ·          Held under Submission – this means an action taken by a committee when a bill is heard in committee and there is an indication that the author and the committee members want to work on or discuss the bill further, but there is no motion for the bill to progress out of committee.   This does not preclude the bill fro

Quiz on California Rulemaking Process  By Chris Micheli             This quiz is to test your knowledge about California’s forms of direct democracy. 1.       The main principles of the APA are notice to the public and opportunity to be heard. 2.       An underground regulation is one that has complied with the APA process.  3.       The state APA dictates the process to be followed by state agencies in their rulemaking. 4.       There are seven statutory criteria by which OAL evaluates proposed regulations. 5.       Like a bill signed by the Governor, after review and approval by OAL of a regulation, OAL transmits the regulation to the Secretary of State. 6.       Deference is one of the statutory standards of review used by OAL to review proposed regulations. 7.       Any interested person may petition a state agency requesting the adoption, amendment, or repeal of a regulation. 8.       All agencies in the judicial or legislative branches of the state government ar