Chris Micheli

Frequently Asked Questions About California Bill Deadlines  By Chris Micheli Can bills be voted upon after midnight on August 31 so long as the “clock is stopped”? “Stopping the clock” is the term used to describe the process of continuing legislative business after the passage of a deadline imposed by legislative rule. However, there is no provision in the law to “stop the clock” and the California Constitution (i.e., not a legislative rule) prohibits bills from being considered after August 31 in the second year of a Session except for specified bills. Do the Joint Rules related to committee deadlines apply to all measures? Joint and Concurrent Resolutions are exempt from these deadlines pursuant to Joint Rule 6. Bills related to the budget under subdivision (e) of Section 12, of Article IV of the Constitution are exempt from these deadlines as well. Bills which are referred to a committee pursuant to Joint Rule 26.5, Assembly Rule 77.2, or Senate Rule 29.10 are also exempt f...

Frequently Asked Questions About California Legislative Floor Actions  By Chris Micheli   Can legislators in either house add on or change their votes on bills? The Assembly allows its Members to add or change votes after the vote has been announced, so long as the final vote is not changed.   The Senate does not allow this, except for the President pro Tempore and the Republican Leader, so long as the final outcome of the bill is not changed (pursuant to Senate Rule 44).   Are all bills without opposition placed on the consent calendar? There are different rules between the Senate and Assembly regarding what is a measure for the consent calendar on their floors. For example, under Senate Rule 28.3(a), if a Senate bill or Assembly bill is amended in the Senate to create a new bill or to rewrite the bill, a standing committee may not place the bill on its consent calendar.   Are pass on file and pass and retain the same procedurally? An author may choos...

Frequently Asked Questions about the Legislative Open Meetings Law  By Chris Micheli             Does the California Legislature have its own open meetings law? Yes, the California Legislature is bound by the Legislative Open Meetings Law, which is found in Sections 9027 through 9031 of the Government Code. Can party caucuses meet in private? Yes, caucuses of the Legislature have full authority to meet in closed session. How does that compare to state agencies? State agencies have very limited authority to meet in closed session, except for specified exceptions such as litigation, personnel actions. Can legislators meet informally outside of committee hearings and floor sessions? Yes, legislators can meet informally outside of committee meetings and floor sessions to discuss policy so long as no formal action is taken and so long as less than a majority of the body is involved. Are serial meetings prohibited? Le...

Frequently Asked Questions about Bagley-Keene Open Meetings Law  By Chris Micheli What are the three main open meetings laws in California? These open meeting acts are generally referred to as “Bagley-Keene” (applying to state entities), “LOMA” (applying to the Legislature), and the “Brown Act” (applying to local entities). When was the state entities law adopted? “Bagley-Keene,” as it is known in the Capitol community, was adopted in 1967.   What does the California’s Constitution say? The California Constitution declares that "the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny". As a result, the state constitution mandates open meetings for state agencies, boards, and commissions.   What is the intent of the Bagley-Keene Act? It provides that "The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public...

Frequently Asked Questions about the Brown Act Open Meeting Law  By Chris Micheli             What is the Ralph M. Brown Act? The Brown Act was adopted in 1953 and applies to open meetings at the county and city levels of local government. Where is the Brown Act found in the law? It is found at Government Code Sections 54950, et seq. What is the purpose of the Brown Act? Its purpose is to guarantee the public’s right to attend and participate in meetings of local legislative bodies.   What did the proponents of the Brown Act originally say? They argued that city councils, county boards of supervisors, and other local government bodies were avoiding public scrutiny by holding secret "workshops" and "study sessions."   How does the Brown Act differ from other open meetings laws? The Brown Act solely applies to California city and county government agencies, boards, and councils. It is comparable to th...

Frequently Asked Questions about Reconsideration of Bills By  Chris Micheli When a bill in the California Legislature fails passage either in committee or on the floor of the Assembly or Senate, it can be granted “reconsideration.” What is “reconsideration”? According to the Legislative Counsel, reconsideration means a motion giving the opportunity to take another vote on a matter previously decided in a committee hearing or floor session. How often can reconsideration be granted? After a committee has voted on a bill, reconsideration may be granted only one time. What public notice must be given for reconsideration? A vote on reconsideration may not be taken without the same notice required to set a bill for hearing, unless that reconsideration vote is taken at the same meeting at which the vote to be reconsidered was taken and the author is present. What is the vote requirement for reconsideration? An action taken by a committee may not be reconsidered except by a ...

A Look at Committee Bills in the California Legislature  By Chris Micheli What are committee bills? In addition to bills being authored by State Senators and State Assembly Members, the 33 Assembly Standing Committees and 22 Senate Standing Committees can also “author” bills. This is authorized by the Joint Rules and individual house rules. Joint Rule 54(a), titled “ Introduction of Bills,” specifies that the bill introduction deadline does not apply to “committee bills introduced pursuant to Assembly Rule 47 or Senate Rule 23.” Assembly Rule 47(d) allows the Assembly Committee on Budget to introduce a bill that is “germane to any subject within the jurisdiction of the committee in the same manner as any Member.” Iin addition, AR 47(d) provides that “any other standing committee may introduce a total of five bills in each year of a biennial session that are germane to any subject within the proper consideration of the committee.” In addition, Assembly Rule 47(f) requires a co...

Frequently Asked About the Governor and the Public Records Act  By Chris Micheli             Where is California’s law dealing with access to public records? It is found in the Government Code, California’s Public Records Act (PRA), which is contained in Division 10 of Title 1. Does the PRA apply to the Governor? The PRA contains specified types of public records and rules related to certain public employees and officials. Article 1 of Chapter 14 of Part 5 of Division 10 of Title 1 deals with the Governor.             What does Government Code Section 7928.000 provide? It says that, with specified exceptions, the Public Records Act does not require the disclosure of correspondence of and to the Governor or employees of the Governor’s office or in the custody of or maintained by the Governor’s Legal Affairs Secretary. Is there a limitation on the Governor’s exempt...

Frequently Asked Questions About California Legislative Procedure  By Chris Micheli Do constitutional office appointments require confirmation only by the Senate? F or nominees to any of the constitutional offices, those individuals must be confirmed by both the Assembly and the Senate. However, only t he Senate confirms specified gubernatorial appointments. Is a statute in effect until the voters cast a vote on the referendum that was filed? A referendum that qualifies for the next statewide general election stays the effective date of the newly-enacted bill. If the referendum fails, the statute takes effect not retroactively to its originally scheduled effective date, but rather after the Secretary of State certifies the referendum vote. Is an adjournment motion always in order? Although that is the case under Robert’s Rules of Order, in the California Legislature, an adjournment motion is not in order if bills are still “on call” (see, e.g., Senate Rule 42). Can the Legi...

Frequently Asked Questions About California Bill Referrals  By Chris Micheli             When does a bill usually get referred to committee? After the introduction of a new bill in the California Legislature, or upon a bill passing one house and moving over to the other house for further consideration, that measure must be referred to a committee for a hearing. So, the first key step in the legislative process is bill introduction in either house.   What governs the referral of a bill heard to a standing committee? The referral or assignment of a bill is governed by the Joint Rules, as well as the respective rules of the Assembly and Senate. In the California Legislature, the referral of bills is done by the Rules Committee in each house. Are spot bills the only bills that do not get referred to a policy committee? Spot bills, and intent bills, are not referred to committee in either house (e.g., Assembly Rule 51...

Frequently Asked Questions About Legislative Measures on Consent  By Chris Micheli   What are “uncontested bills”? Joint Rule 22.1 deals with “Consent Calendar: Uncontested Bills” and provides that each standing committee may report an uncontested bill out of committee with the recommendation that it be placed on the Consent Calendar.   What are the requirements for being an uncontested bill? Three requirements must be met: It passed committee by unanimous vote; it has no opposition expressed at the committee hearing; and, it has been requested by the author to be placed on consent.   What is the “consent calendar”? Joint Rule 22.2 deals with “Consent Calendar” and provides that, following its second reading and the adoption of any committee amendments, any bill certified by the committee chairperson as an uncontested bill is placed on the Consent Calendar.   Can a legislator object to a measure on the consent calendar? Yes, any legislator can ...

Frequently Asked Questions About California Bill Amendments  By Chris Micheli What is an amendment? It is defined by the Office of Legislative Counsel as an alteration to a bill, motion, resolution, or clause by adding, changing, substituting, or omitting language. Can amendments be made to all legislative measures? Yes, they can be made to bills, resolutions and constitutional amendments. They can also be made to motions. Can an urgency clause be added to any bill? Under Article IV, Section 8(d) of the state Constitution, “an urgency statute may not create or abolish any office or change the salary, term, or duties of any office, or grant any franchise or special privilege, or create any vested right or interest.” Can a bill returning on concurrence be amended? A bill cannot be amended when it returns to its house of origin for a concurrence vote. The amendment(s) from the other house can be concurred in or not concurred in (which results in a conference committee to res...