Chris Micheli

Frequently Asked Questions about U.S. and California Constitutions  By Chris Micheli What are some key principles of the United States Constitution? The U.S. Constitution vests in the federal government certain specified powers. And, the powers that not enumerated in the federal Constitution are reserved to the states pursuant to the Tenth Amendment. This is what we term our governmental system of federalism. The states play a critical role in our federal system of governance. What are some of the protections contained in the state and federal constitutions? The U.S. Constitution provides many of our individual rights in the Bill of Rights, while similar protections are provided in the first Article of the California Constitution. The state constitution includes additional protections that the federal constitution does not. Federal constitutional protections apply to the states by means of the Fourteenth Amendment. As such, California and its Constitution are prohibited from viola

Frequently Asked Questions about Regulating Political Activities in the Workplace  By Chris Micheli             Does California law address political activities in the workplace? Yes, California’s Labor Code provides several statutory provisions directed at the regulation of political activities in the workplace. Where are the laws related to political activities in the workplace found? These provisions are found in California’s Labor Code in Division 2 [Employment Regulation and Supervision], Part 3 [Privileges and Immunities], Chapter 5 [Political Affiliations], Sections 1101 – 1106. Chapter 5 was originally enacted in 1937.             What are employers in this state prohibited from doing? Labor Code Section 1101 prohibits employers in this state from adopting or enforcing any rule or policy that (a) forbids or prevents employees from engaging or participating in politics or from becoming candidates for public office, or (b) controls or directs the political activities or

Frequently Asked Questions about Enrolled Bill Reports and Gubernatorial Action  By Chris Micheli What is an Enrolled Bill Report? The Enrolled Bill Report (most often referred to as an “EBR”) is the analysis of a bill with information and a recommendation for final action by the Governor. Is an EBR confidential? While agency or department bill analyses, including those issued by the Department of Finance (DOF), can become a matter of public record once they have been approved for distribution by the Governor’s Office, the EBRs remain confidential as private communications with the Governor, and they are not subject to release under the Public Records Act. When is an EBR produced? Once an enrolled bill reaches the Governor’s Desk for final action, “enrolled bill reports” are produced for the Governor and his or her senior staff to consider the merits of a bill pending on his or her Desk. What is an enrolled bill? An “enrolled bill” is the final version of the bill that has

Frequently Asked Questions about Effective Dates of California Regulations  By Chris Micheli             Does California law specify when regulations take effect in this state? Yes, Government Code Section 11343.4, which is part of California’s Administrative Procedure Act (APA), addresses this question. When does state law determine regulations will take effect? This Gov’t Code section provides that a r egulation or an order of repeal required to be filed with the Secretary of State becomes effective on a quarterly basis as follows: ·          January 1 if the regulation or order of repeal is filed on September 1 to November 30, inclusive. ·          April 1 if the regulation or order of repeal is filed on December 1 to February 29, inclusive. ·          July 1 if the regulation or order of repeal is filed on March 1 to May 31, inclusive. ·          October 1 if the regulation or order of repeal is filed on June 1 to August 31, inclusive. Are there exceptions to the st

Frequently Asked Questions about Comparing California Government to Those of Other States  By Chris Micheli Is California’s form of government different from the other states? No, California state government is not unique among the other states. All 50 states provide for a republican form of government in their individual constitutions. Do the states follow the federal government’s structure with three branches? Yes, all of the states are based upon the federal government with three branches: legislative, executive, and judicial. How is California’s legislative branch of state government structured? California’s Legislature is comprised of two houses - State Assembly and State Senate. The Assembly has 80 members elected every two years and the Senate has 40 members elected every four years Are all state legislative branches bicameral? With one exception (Nebraska), all states are bicameral and they all have upper and lower houses of differing sizes. What is the range of l

Frequently Asked Questions about the Legislature in the Rulemaking Process  By Chris Micheli How many rulemaking bodies are in California state government? There are over 200 agencies, departments, boards, and commissions that can make public policy via their authority to adopt regulations, often referred to as their rule-making authority.  Can the California Legislature impact the rulemaking process? There are several ways in which the Legislature can influence the rule-making activities of state executive branch agencies, primarily through the lawmaking and budgetary processes. What can the Legislature do through the legislative process? The Legislature can adopt statutory changes to expand or limit a specific state agency’s authority to adopt regulations. What can the Legislature do through the budget process? The Legislature can utilize the “power of the purse strings” through the budget process to persuade a state agency’s rule-making actions. Can the Legislature revi

Frequently Asked Questions about Governors Allowing Bills to Become Law Without Signature  By Chris Micheli             What can California’s Governor do with bills that reach his or her Desk? The Governor has three options when a bill reaches the Governor’s Desk: sign the bill (and it becomes law), veto the bill (and the bill does not become law, unless the Legislature overrides the veto), or allow the bill to become law without his or her signature. What does the California Constitution provide for bills becoming statutes without the Governor’s signature? Article IV, Sections 10(b) provides: (b) (1) Any bill, other than a bill which would establish or change boundaries of any legislative, congressional, or other election district, passed by the Legislature on or before the date the Legislature adjourns for a joint recess to reconvene in the second calendar year of the biennium of the legislative session, and in the possession of the Governor after that date, that is not retur

Frequently Asked Questions about Legislative Committees Meeting Jointly By Chris Micheli   Do committees of the California Legislature meet jointly? Yes, several times per year, Assembly and Senate committees will hold a “joint hearing.” Even though there are 32 Assembly standing committees and 22 Senate standing committees, many have the same or similar jurisdictions.   Why are joint committees usually held? On occasion, two or more legislative committees hold hearings, which are usually informational hearings, but they can also be held to consider legislation.   How are joint committee hearings authorized? These types of meetings are permitted under the Joint Rules of the Senate and Assembly. Joint Rule 3, titled “Joint Meeting of Committees,” provides the rules.   What does Joint Rule 3 provide? It states, “Whenever any bill has been referred by the Senate to one of its committees, and the same or a like bill has been referred by the Assembly to one of its commi

Frequently Asked Questions about Legislative Oversight  By Chris Micheli Why is legislative oversight necessary? Fundamentally, oversight by the Legislature is intended to ensure government accountability and make certain that tax dollars are spent properly and efficiently by the executive branch of state government. Has the California Legislature developed any materials for legislative oversight? Seven years ago, then-Assembly Rules Committee Chair, Ken Cooley, released the “2017 Oversight Handbook” for his legislative colleagues. Why did the Assembly create this Handbook? As Assemblyman Cooley opined to his colleagues, “it is quite striking that done well and systematically, oversight can be more impactful than merely passing new laws.” As an elected branch of government, oversight allows the Legislature to try and have the executive branch reflect the state’s priorities with legislative input. What is the purpose of the Assembly materials? The Legislative Oversight Handb

Frequently Asked Questions about Permissible Closed Sessions of the Legislature  By Chris Micheli             Does the state Constitution provide when the California Legislature can meet in closed session? Yes, it does so in Article IV, Section 7(c). What does the California Constitution provide regarding closed session of the Legislature? There are specified instances, despite (“notwithstanding”) other open meeting provisions of the state Constitution, in which “closed sessions” may be held by the Legislature. The limitation is that these closed sessions “may be held solely” for the specified purposes. What are those purposes for which the California Legislature may meet in closed session? It may meet in closed session for these reasons: ·          To consider the appointment, employment, evaluation of performance, or dismissal of a public officer or employee. ·          To consider or hear complaints or charges brought against a Member of the Legislature or other public

Frequently Asked Questions about a Special Order of Business  By Chris Micheli What is a special order of business? The Office of Legislative Counsel defines “special order of business” as when, o ccasionally, a bill is of such importance that advanced notice is given about when it will be considered in the full Assembly, Senate, or committee.             Can a special order of business be used in committees and on the floors? In the California Legislature, it is almost always used in committee, but can be used on the floor. What is the purpose of using a special order in California? A special order of business is used when a bill or similarly related bills are set to be heard at a specified time and specified order (for multiple bills) at a committee hearing. When is a special order requested on the Floors? A request for a special order of business may be made during a Floor Session by requesting unanimous consent to set the bill as a special order on a specific date and t

Frequently Asked Questions about Joint Rule 10.5 and California Fiscal Bills  By Chris Micheli What does Joint Rule 10.5 of the California Legislature’s Joint Rules provide? JR 10.5 specifies guidance to the Office of Legislative Counsel (OLC) when determining whether a bill should be “keyed” as a fiscal bill. The “keying” of a bill is done by the drafting attorneys at OLC. What happens if a bill is keyed fiscal? If the OLC determines that a bill is “fiscal,” then the measure will be re-referred to the Appropriations Committee in each house. What happens if a bill is not keyed fiscal? If the OLC determines that a bill is not fiscal, then the measure will be sent only to a policy committee(s) for hearing (unless the Appropriations Committee requests from the Rules Committee and receives the bill). What is the text of Joint Rule 10.5? JR 10.5 states in full: Rereferral to Fiscal and Rules Committees 10.5.A bill shall be rereferred to the fiscal committee of each house whe

Frequently Asked Questions about the Role of Legislative Counsel in Initiatives  By Chris Micheli             Does the Office of Legislative Counsel (OLC) draft initiatives? Yes, many do not realize that the highly trained attorneys in the California Office of Legislative Counsel may draft an initiative for the statewide ballot in certain circumstances. What is the one situation where OLC may draft an initiative? Under existing law, a ttorneys in the OLC may assist in the preparation of an initiative measure when requested to do so by 25 or more electors.             Is this a specified duty of the OLC? Yes, in California’s Government Code, Title 2, Division 2, Part 2, Chapter 1, it deals with the Legislative Counsel, and, in Article 2 of Chapter 1, which was added in 1945, there are several specified duties of the Legislative Counsel. What does Government Code Section 10243 provide? “ The Legislative Counsel shall cooperate with the proponents of an initiative measure in i