Frequently Asked Questions About Using Letters to the Daily Journal

Frequently Asked Questions About Using Letters to the Daily Journal By Chris Micheli

What are the purposes of a Letter to the Journal? They are used when a Member may need to submit a letter to the Journal for clarification on one of their bills, or to express the author’s intent for their bill.

Where is the letter published? In either the Assembly or Senate Daily Journals, depending on which is the bill’s house of origin. While occasionally letters are placed in both journals for the same bill, or a letter is published in the other house’s journal, those are likely not to be recognized by the courts in this state.

Who submits a letter to the journal? These signed letters are submitted by the bill’s author on their letterhead and addressed to either the Assembly Chief Clerk (for an AB) or the Senate Secretary (for an SB).

What happens when the author submits the journal letter? These letters are reviewed by the staff of the two legislative leaders of the respective house before they can be accepted, which may result in revisions to the letter, if requested.

What happens to the journal letters on the Floors? Once approved by house leadership, then the house’s Majority Leader makes a motion to have the letter printed in that house’s journal. During deadline periods, the letters are generally approved as one of the final items before adjournment on the last night of Session.

Can a letter to the journal be submitted after adjournment? No, because it requires a formal motion adopted by the body to publish a letter in either Daily Journal.

Can journal letters be written by floor managers or co-authors? While there is no prohibition on this, I think courts would be less receptive to them for purposes of statutory interpretation. So, the bill’s actual author should be the one submitting and signing the letter.

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