Chris Micheli

Can Legislative Committees Work as a Subcommittee?  By Chris Micheli             During this busy time with committees hearing hundreds of bills, it often takes time to establish a quorum. What is the importance of establishing a quorum? And can Standing Committees of the California Legislature act as a subcommittee?   What is the importance of a quorum and how is it established? In the California Legislature, according to the Office of Legislative Counsel, “a quorum must be recorded in order for legislative business to be transacted.”   For example, Section 7(a) of Article IV of the California Constitution provides, in part, the following: “A majority of the membership constitutes a quorum, but a smaller number may recess from day to day and compel the attendance of absent members.”   As a result of this constitutional requirement, the quorum is the minimum number of legislators that are required to ...

Is the Bill a "Gut-and-Amend”?  By Chris Micheli One of the controversial occurrences during the annual California Legislative Session is so-called “gut-and-amend bills.” According to the Legislative Counsel, these measures are defined as “when amendments to a bill remove the current contents in their entirety and replace them with different provisions.” The controversy is the second part of the process – replacing the bill’s contents with a subject which is unrelated to the original contents of the bill. Such amendments raise the issue of legislative issue “germaneness,” which refers to whether a proposed amendment is relevant to the subject matter currently contained in the measure.                  While Legislative Counsel may opine on the issue of germaneness, the determination of germaneness is decided by the Presiding Officer and, ultimately, subject to an appeal by the membership of the respective house.   As a re...