Chris Micheli

Frequently Asked Questions about California Bond Measures B y Chris Micheli   What is a definition of a bond fund? According to the Department of Finance (DOF), a bond fund is used to account for the receipt and disbursement of non-self-liquidating bond proceeds.   Who pays for the bonds? According to DOF, depending on the provisions of the bond act, either the General Fund or a special fund pays the principal and interest on the general obligation bonds.   What is a revenue bond? Broadly defined, a revenue bond is a type of municipal bond that is repaid by the operating revenues of the public entity.   Who uses revenue bonds? Revenue bonds are primarily utilized by government entities to subsidize infrastructure projects.   Who guarantees a revenue bond? The financial obligation is primarily guaranteed by the operating revenues. Assets (e.g., the infrastructure project) are used as collateral for the bond (i.e., the loan). What does “G....

Key Considerations in California Emergency Rulemaking  By Chris Micheli             A California state agency needs to provide notice of an emergency regulation that the agency proposed. This must occur a t least five working days before submitting an emergency regulation to the Office of Administrative Law (OAL). The adopting agency is generally required to send a notice of the proposed emergency action, including certain information, to every person who has filed a request for notice of regulatory action with the agency.             A regulation may be adopted as an emergency regulation if a state agency makes a finding that the adoption of the regulation or order of repeal is necessary to address an emergency.             A state agency must make a finding of an emergency that includes a written statement containing specified information, ...

Frequently Asked Questions about Examining California Legislative Records  By Chris Micheli Members of the public can examine California legislative records based upon the provisions of the Legislative Open Records Act (LORA), which is found in the California Government Code. LORA was enacted in 1975 to allow public access to legislative records. How are public requests for legislative records made? Requests by members of the public must be made in writing and be submitted to either the Senate Committee on Rules or the Assembly Rules Committee, depending upon the location of the documents being requested. What happens when there are records held jointly by the Senate and Assembly? The Joint Committee on Rules is charged with the custody of records in the joint custody of the Assembly and Senate. What does the Rules Committee do with LORA requests from the public? Generally, the Rules Committees respond within 3 to 10 days upon receiving written requests for legislative r...

What Are Rulemaking Appeals to the Governor's Office?  By Chris Micheli             When and why does a regulatory agency appeal certain decisions to the Governor’s Office? While the last time occurred in 2007, a state agency can appeal the rejection of a regulation by the Office of Administrative Law (OAL). OAL must either approve a regulation submitted to it for review and transmit it to the Secretary of State for filing, or disapprove it, within 30 working days after the regulation has been submitted to OAL. If OAL disapproves a regulation, then OAL must return it to the adopting agency within the 30-day period accompanied by a notice specifying the reasons for disapproval. A regulation cannot be disapproved by OAL unless the regulation failed to comply with one or more of the six statutory standards of review, or other provisions of the APA. OAL’s decision can be reviewed. First, the adopting agency must file a writ...

Frequently Asked Questions about Types of Bills in the California Legislature  By Chris Micheli The following are the types of bills that people working in and around the State Capitol describe in their legislative dealings: What is an Appropriation bill? This bill contains language that appropriates funds for expenditures by the state. What is an Author-sponsored bill? This bill is the idea of the author, who is the official sponsor. What is a Backed bill? This bill is ready for introduction because it has a “backing” (formally called a jacket) that shows who the author is. What is a Budget bill? This bill is the main budget bill that makes appropriations for implementation of the state’s fiscal year spending (the secondary bill is referred to as the “budget bill junior”). What is a Budget Bill Junior? This bill amends the main budget bill that makes changes to appropriations for implementation of the state’s fiscal year spending. What is a Clean-up bill? This ...

Frequently Asked Questions about California’s Judicial Branch  By Chris Micheli   What does the California Constitution, in Article VI, Section 1 provide? It says that the judicial power of the state is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record.   What is the composition of the Supreme Court? The Supreme Court consists of the Chief Justice and 6 associate justices.   How is a majority decision rendered by the Supreme Court? There must be an agreement of four judges present at the argument for a judgment.   How are judicial districts created in this state? The Legislature must divide the state into districts with each containing a court of appeal with one or more divisions, and each division consists of a presiding justice and 2 or more associate justices.   How are superior courts created in this state? In each county of the state, there is a superior court of one or more jud...

Frequently Asked Questions about Tax Levies in California Bills  By Chris Micheli   There is often confusion regarding whether a bill is a tax levy or not, and what a “tax levy” designation actually means. To make matters worse, a common misconception is that a tax levy is a bill that proposes a tax increase.   What is a “tax levy” for California bill purposes? A tax levy is a bill that proposes to change the base, rate, or burden of any tax.   Is the definition of a tax levy found in California law? Unfortunately, the term is not defined in either the state Constitution or in statute.   Who determines whether a bill is deemed a tax levy? The determination of whether a bill is a tax levy is done by the attorneys in the Office of Legislative Counsel.   What will bill readers see in a section at the end of a bill that is a tax levy? The following statement is a plus section in a tax levy bill: “This act provides for a tax levy within the ...

Frequently Asked Questions about California Legislative Publications  By Chris Micheli   What governs the printing of publications for the Legislature and the individual houses? Printing is governed by the individual rules of the State Senate and the State Assembly, as well as their Joint Rules.   Who is charged with printing legislative measures? The Secretary of the Senate and the Chief Clerk of the Assembly are charged with printing all of the legislative measures proposed by their respective members.   Who does the legislative printing? It is done by the State Printing Office (SPO), which is required by statute to print the laws, including initiative measures, as well as any other printing that is ordered by either the Senate or the Assembly.   What is required to be included on the front of legislative publications? By statute, the officers of the Assembly (their names and titles) must appear on the front of all Assembly publications. There ...