Some Types of Bills Require Specified Statements

Some Types of Bills Require Specified Statements By Chris Micheli

            Urgency statutes, fiscal emergency statutes, right of public access, local or special statutes, and reimbursement disclaimers utilize explanatory statements. Of course, I would like to see more bills contain explanatory statements. Several of these three types of measures are actually required to do so by the state Constitution.

It is an excellent practice by the Office of Legislative Counsel (OLC) to use explanatory statements in all of the different types of legislation. Let’s take a closer look at these five types of bills:

Urgency Clauses

            Article IV, Section 8(d) concerns urgency statutes. It provides the following: 

(d) Urgency statutes are those necessary for immediate preservation of the public peace, health, or safety. A statement of facts constituting the necessity shall be set forth in one section of the bill. In each house the section and the bill shall be passed separately, each by rollcall vote entered in the journal, two thirds of the membership concurring. 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.

            As the reader can see, Section 8(d) requires “a statement of facts” that explain the reason for the urgency and why the bill should take effect immediately. The following is an example of this type of language in a bill from the 2023 Session (the boldface type is the boilerplate, or standard or form, language): 

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure that the state takes immediate action so that the information posted prior to October 1, 2026, by the Department of Toxic Substances Control on its internet website pursuant to Section 42456 of the Public Resources Code continues to be posted on the department’s internet website after that date, it is necessary that this act take effect immediately.

Fiscal Emergency Clauses

Article IV, Section 10(f) concerns fiscal emergencies. It provides the following: 

(f) (1) If, following the enactment of the budget bill for the 2004–05 fiscal year or any subsequent fiscal year, the Governor determines that, for that fiscal year, General Fund revenues will decline substantially below the estimate of General Fund revenues upon which the budget bill for that fiscal year, as enacted, was based, or General Fund expenditures will increase substantially above that estimate of General Fund revenues, or both, the Governor may issue a proclamation declaring a fiscal emergency and shall thereupon cause the Legislature to assemble in special session for this purpose. The proclamation shall identify the nature of the fiscal emergency and shall be submitted by the Governor to the Legislature, accompanied by proposed legislation to address the fiscal emergency.

(2) If the Legislature fails to pass and send to the Governor a bill or bills to address the fiscal emergency by the 45th day following the issuance of the proclamation, the Legislature may not act on any other bill, nor may the Legislature adjourn for a joint recess, until that bill or those bills have been passed and sent to the Governor.

(3) A bill addressing the fiscal emergency declared pursuant to this section shall contain a statement to that effect.

            As the reader can see, Section 10(f)(3) requires “a statement to that effect” for the fiscal emergency and why the bill is needed to address the fiscal emergency. The following is an example of this type of language in a bill from the 2008 Session (the boldface type is the boilerplate language): 

This act addresses the fiscal emergency declared by the Governor by proclamation on January 10, 2008, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution.

Special Statute Clauses

            Article IV, Section 16 concerns general and special statutes. It provides the following: 

(a) All laws of a general nature have uniform operation.

(b) A local or special statute is invalid in any case if a general statute can be made applicable.

            As the reader can see, Section 16 does not require any statement.to be included. However, the OLC requires these types of bills to include an explanation of why a general statute cannot be used in this particular statute. The following is an example of this type of language in a bill from the 2023 Session (the boldface type is the boilerplate language): 

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of of Article IV of the California Constitution because of the need to provide a local funding option to meet the transportation needs of the County of Riverside.

Public Access Clauses

            Article I, Section 3 concerns the right of the people having the right of access to information concerning the conduct of the people’s business, including the meetings of public bodies and the writings of public officials and agencies, which must be open to public scrutiny. It provides, in part, the following: 

(b) (1) The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.

(2) A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access. A statute, court rule, or other authority adopted after the effective date of this subdivision that limits the right of access shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

(7) In order to ensure public access to the meetings of public bodies and the writings of public officials and agencies, as specified in paragraph (1), each local agency is hereby required to comply with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), and with any subsequent statutory enactment amending either act, enacting a successor act, or amending any successor act that contains findings demonstrating that the statutory enactment furthers the purposes of this section.

            As the reader can see, Article I, Section 3 does not require any statement.to be included. However, the OLC requires these types of bills to include an explanation of why this statute furthers the purposes of the right of public access. The following is an example of this type of language in a bill from the 2025 Session (the boldface type is the boilerplate language): 

The Legislature finds and declares that Section 4 of this act, which amends Section 54961 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

By encouraging local agencies to avoid conducting any meeting, conference, or other function on a religious, cultural, or ancestral holiday, this act furthers the purpose of the Civil Rights Act of 1964, and promotes greater public access to the public meetings of local agencies.

Reimbursement Disclaimer Clauses

Bills in the California Legislature can impose a state-mandated local program, which potentially requires reimbursement by the State of California to local agencies and school districts. The Constitution requires the State to reimburse local agencies and school districts for certain mandated costs.

Article 13B was added to the state Constitution by Proposition 4 on the November 6, 1979 ballot. It contains fifteen sections, including Section 6, which deals with state-mandated local programs. Section 6(a) specifically provides that the Legislature may, but need not, provide a subvention of funds for the following mandates: 

(1) Legislative mandates requested by the local agency affected.

(2) Legislation defining a new crime or changing an existing definition of a crime.

(3) Legislative mandates enacted prior to January 1, 1975, or executive orders or regulations initially implementing legislation enacted prior to January 1, 1975.

(4) Legislative mandates contained in statutes within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I.

            As the reader can see, Article XIIIB, Section 6(a) does not require any statement to be included. However, the OLC requires these types of bills to include an explanation of why the Legislature does not have to reimburse local or school districts for the state-mandated program in this particular statute. The following is an example of this type of language in a bill from the 2025 Session: 

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.