Chris Micheli

Bills with Different Vote Requirements in the California Legislature  By Chris Micheli             In the California Legislature, there are six possible vote thresholds required for passage of bills in order to enact a statute. Those six different vote thresholds and accompanying statistics are set forth below: 55% Vote Required In the 2023 Session, there is one bill that require a 55% vote for passage. Since 1999, there have been 6 bills that require a 55% vote for passage. This higher vote threshold is required for bills amending Prop. 63 from 2016, the Safety For All Act of 2016, which makes it a crime for a person to possess a large-capacity magazine. An example is AB 732 (Mike Fong) from the 2023-24 Session Proposition 63 allows its provisions to be amended by a vote of 55% of the Legislature so long as the amendments are consistent with, and further the intent of, the act. This bill would amend Proposition 63 by requiring a defendant not in custody to relinquish their f

One Reason to Have More Thorough Legislative Discussions on Bills  By Chris Micheli             Mainly because legislative committees in the California Legislature have to process so many bills at their limited hearings, there is little public debate, particularly among legislators, regarding bills that are heard in the committees of the State Senate and State Assembly. Even on the Floors of the two houses of the California Legislature, there is little public discourse, and rarely any detailed discussion about a bill’s specific provisions.             This is particularly problematic when a statute is being considered by the judicial branch of state government and the judiciary is trying to ascertain the intent of the Legislature. Unfortunately, state courts often find that statements of intent as well as legislative debate, particularly detailed discussions regarding a bill’s provisions, are sorely lacking. And yet it is those details that are often at issue in litigation. Nonet

A Few Bill Statistics from the California Legislature  By Chris Micheli             As a self-described legislative geek, I was researching different types of bills that have been considered by the California Legislature. I began with the 2023 California Legislative Session and found that there currently are: ·          Over 2,660 bills introduced ·          124 bills would take effect immediately ·          717 bills contain a state mandated local program ·          2,007 bills would have a fiscal effect ·          78 bills contain an appropriation ·          2,520 bills require a majority vote for passage ·          158 bills require a 2/3 vote for passage ·          68 bills are special statutes ·          58 bills have urgency clauses ·          65 bills are tax levies ·          53 bills are of statewide concern, rather than municipal affairs ·          85 bills have severability clauses ·          61 bills contain Section 41 findings, related to new ta

Why Do Some Bill Declarations Have Specific Statements and Others Do Not?  By Chris Micheli             In the California Legislature, a majority of bills that contain “plus sections,” which are found at the end of a bill’s substantive statutory provisions, make specific their statements or declarations. On the other hand, a few bills contain merely a statement or declaration without any details or explanation that justifies the particular statement or declaration.             The first set of examples (five common ones) contain declarations that use specific citations as well as an explanation of why the particular bill meets the specified purpose. The second set of examples (two common ones) contain mainly a statement or declaration, but could use a specific citation, and perhaps an explanation of why the bill meets the specified purpose. Finally, I have included my suggested revisions to the tax levy and urgency clause provisions for consideration by the Legislature. Declarati

Federal Court Uses Legislator’s Statements to Allow Lawsuit Challenging State Statute  By Chris Micheli             In the March 2023 decision by the U.S. Court of Appeals for the Ninth Circuit of Olson v. State of California , 62 F.4 th 1206 (9 th Cir. 2023), the federal appellate court based its decision squarely on the public statements made by a former legislator who authored the bill at issue in the appeal. The decision is interesting to read not only because of the subject matter of the bill, which was a hotly contested measure in the Legislature, but also because of its use of an uncommon means of considering legislative history.             Assembly Bill 5 (Gonzalez), which dealt with the misclassification of independent contractors and the codification of the California Supreme Court’s Dynamex Operations West decision, was challenged by two app-based drivers on several grounds and the federal appellate court ruled that the statute may violate the equal protection rights