Chris Micheli

Number of California Bills by Code – 2025 Edition  By Chris Micheli             California’s 29 Codes, beginning with the Business & Professions Code and ending with the Welfare & Institutions Code, contain over 156,000 statutes. Each year, more statutes are being considered through legislation. So, how many bills introduced in 2025 affect these 29 Codes?             In the following chart, I look at the number of bills adding, amending, or repealing sections of California’s 29 Codes during the 2025 Session, along with the 2023-24 Session statistics for comparison purposes. The following chart contains those numbers:   Code 2025 2023 – 24 Business & Professions 333 632 Civil 290 495 Civil Procedure 179 310 Commercial ...

Some Recent Trends in California Legislative Drafting  By Chris Micheli             In reviewing thousands of bills making their way through the legislative process each year, and co-teaching a course on Legislative Drafting at UC Davis King Hall School of Law for the past five years, I have noted a number of recent trends in California bills.             In particular, three common recent trends in bills in the California Legislature include:   Including legislative findings and declarations, often followed by statements of legislative intent. Including a severability clause in bills. Making a bill contingent upon a future budget appropriation. More Legislative Findings and Declarations               More and more bills over the last few Sessions have included legislative f...

A Reminder about Acting Governors in California  By Chris Micheli With Governor Gavin Newsom in New York City this week to attend Climate Week activities, this is a short explanation of why he cannot act on the bills pending final action on his Desk, but why, in theory, Lt. Governor Eleni Kounalakis could. Article V, Section 10 of the California Constitution provides that the Lieutenant Governor becomes “Acting Governor” during impeachment, absence from the state, or other temporary disability of the Governor. It is this second basis that creates the Acting Governor title most often. Each time the Governor cross state lines out of California, whether for a few hours or days, Governor Newsom temporarily loses power. In addition, Section 10 states, “ The Legislature shall provide an order of precedence after the Lieutenant Governor for succession to the office of Governor and for the temporary exercise of the Governor’s functions.” The Legislature completed this task by adding ...

Are Legislative Findings in Voters FIRST Act Bills Sufficient?  By Chris Micheli   In reviewing recent legislation that proposes changes to the California Voters FIRST Act, as enacted by the voters by Prop. 11 in 2008, the same legislative finding and declaration is made in each bill. It is a simplistic statement that raises the question whether this language meets the requirements of Prop. 11.   Prop, 11 enacted the Voters FIRST Act, an initiative measure approved by the electors at the November 4, 2008 statewide general election. It requires the Citizens Redistricting Commission to draw district lines for the election of members of the State Senate, Assembly, Congress, and the State Board of Equalization.   Prop. 11 amended the California Constitution, as well as added numerous sections to the California Government Code. Section 4 of Prop. 11 added Chapter 3.2 (commencing with Section 8251) to Division 1 of Title 2 of the Government Code.    ...

Should adding an urgency clause be a ministerial act?  By Chris Micheli California’s Constitution in Article IV, Section 8 deals with urgency statutes. Section 8(c)(3) provides that urgency clause bills go into effect immediately upon their enactment. That is the distinction between a regular bill and an urgency clause bill. A regular bill takes effect on the following January 1 following enactment, while an urgency bill takes effect immediately upon enactment. In addition, an urgency clause bill is not subject to the usual calendar deadlines contained in the Joint Rules and is not subject to a referendum. An author can introduce a bill with an urgency clause if appropriate. What determines an urgency? Section 8(d) of Article IV specifies that “urgency statutes are those necessary for immediate preservation of the public peace, health, or safety.” In addition, the following types of bills cannot contain an urgency clause: “that create or abolish any office or change the salar...

Going Past Midnight on the Last Day of Session  By Chris Micheli             Can the Legislature continue meeting past midnight on Friday, September 12, 2025? If so, how does it do that? Joint Rule 51 deals with the Legislative Calendar and establishes the start of the Interim Recess and Joint Rule 61 deals with Deadlines including the date to adjourn in the first year of Session.             When the California Legislature adjourns its 2025 Session, it is not “adjournment sine die .” Instead, that will occur after the conclusion of the second year of the biennium session on November 30, 2026. There is a distinction between adjournment and adjournment sine die .             According to the Legislative Counsel’s Glossary of Terms, adjournment means the termination of a meeting, occurring at the close of each legis...

How a Nominal Appropriation Can Make a Budget Trailer Bill  By Chris Micheli             When we think of the bills included in a budget deal, we think about the Budget Bill, two or three Budget Bills Junior, and multiple budget trailer bills. How are they all intertwined and how much appropriating needs to take place in these bills?             First, what does the law say? The California Constitution, in Article IV, Section 12(e), provides:   (e) (1) Notwithstanding any other provision of law or of this Constitution, the budget bill and other bills providing for appropriations related to the budget bill may be passed in each house by rollcall vote entered in the journal, a majority of the membership concurring, to take effect immediately upon being signed by the Governor or upon a date specified in the legislation. Nothing in this subdivision shall ...

  Clarification on AB 130/SB 131 Perceived PRC Section Conflict  By Chris Micheli             Several have been consumed by the fact that Public Resources Code Section 21080.44 exists twice currently. There appears to be two of the same sections, but with different language. One was added by AB 130 and one added by SB 131. Both of these bills were budget trailer bills earlier in the 2025 Session and both were signed by Governor Newsom on June 30 and took effect immediately as bills relating to the Budget.             If a reader reviews these two provisions of the Public Resources Code online, there is at the bottom of each section the following:   Added by Stats. 2025, Ch. 22, Sec. 58. (AB 130) Effective June 30, 2025. See same-numbered section added by Stats. 2025, Ch. 24 or Added by Stats. 2025, Ch. 24, Sec. 8. (SB 131) Effective June 30, 2025. See sam...

The “30 Days in Print” Rule  By Chris Micheli             What is the so-called “30 days in print” rule in the California Legislature? The state Constitution, in Article IV, Section 8(a) provides: “(a) At regular sessions no bill other than the budget bill may be heard or acted on by committee or either house until the 31st day after the bill is introduced unless the house dispenses with this requirement by rollcall vote entered in the journal, three fourths of the membership concurring.”             Both houses of the Legislature carefully track compliance with this constitutional rule. In fact, both Daily Files contain an entire section throughout the year (well past the bill introduction deadline and the expiration of the 30 days).             The Senate Daily File has the following section, followed by t...