Chris Micheli

Is the Law Codified or Uncodified?  By Chris Micheli             We sometimes hear statements around the California State Capitol about codified versus uncodified laws. What’s the difference?             Essentially, codified laws are those that are contained in the Codes for the State of California. There are 29 codes in California, beginning with the Business and Professions Code and ending with the Welfare and Institutions Code, with 27 other Codes in between. Codified laws are those that are of general applicability and are permanent in nature.             As a general rule, uncodified laws are those that originate from court decisions (common law) and general customs and practices. They are not viewed as being permanent in nature and they are usually of a specific, rather than general, nature. Nonetheless, th...

What Is a Tax Levy in California Legislation?  By Chris Micheli             There is often confusion regarding whether a bill is a tax levy or not, and what a “tax levy” means. A common misconception is that a tax levy is a bill that proposes a tax increase. The determination of whether a bill is a tax levy is determined by the Office of Legislative Counsel. Readers of California legislation will see a section at the end of a bill that reads as follows:   This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect. Under Article IV, Section 8(c)(3) of the California Constitution, “statutes calling elections, statutes providing for tax levies or appropriations for the usual current expenses of the State, and urgency statutes shall go into effect immediately upon their enactment.” This begs the question of what is a “tax levy”? Unfortunately, the...

A Few Bill Drafting Observations  By Chris Micheli             In reviewing some of the newly-introduced bills in the 2026 California Legislative Session, I came across a few interesting provisions. Expanded Notwithstanding Clause             I came across this relatively new language, which adds everything after “notwithstanding any other law.” I’m not sure it is necessary because that is the purpose of the introductory phrase, but perhaps this is a new approach that is being taken:   Notwithstanding any other law, and for purposes of this code and any other law or regulation, … New Declaratory Language In two bills that were amended in March, I came across this new statement, instead of the more common legislative findings and declarations. In addition, this included a new phrase, “matter of legislative policy.” I think I like the traditional languag...

A Second Type of Consent Calendar  By Chris Micheli             In the Senate Appropriations Committee, under Senate Rule 28.8, the Chair of the fiscal committee must send to the Senate Floor any non-appropriation measure for which “(a) any additional state costs are not significant and do not and will not require the appropriation of additional state funds, and (b) the bill will cause no significant reduction in revenues.”             In the Assembly Appropriations Committee, there is not a similar rule. However, there are two separate consent calendars that are usually voted on each week. The first is the traditional one based upon consent calendar bills under the Joint Rules (called an “uncontested bill”). Under Joint Rule 22.1, an “uncontested bill” means a bill that “(a) receives a do-pass or do-pass-as-amended recommendation from the committee to which it is ref...

An Introduction to the California Constitution  By Chris Micheli             One of the most studied areas of any legal system is the constitution of that country or state. California, as the fifth largest economy in the world by gross domestic product in 2026, is no different. California’s Constitution was first adopted in 1849 and then, again, in 1879. It is this second edition that remains in effect today. Since that time, it has been amended hundreds of times and thousands of cases have resulted in numerous appellate court decisions that give guidance to interpreting the several hundred sections of the state Constitution.             That first California Constitution was published in English and Spanish. The 1879 revised version can be found in the Statutes of 1880. It was not until the 1960s that the California Legislature created a Constitutional Revision Commi...

What Type of Lobbyist Do You Want to Be?  By Chris Micheli Yes, there are different types of lobbyists, even though there is only one type of lobbyist that registers with the Secretary of State. If you meet the qualifications, then you have to register as a lobbyist. But are there different types? Yes. So, what are these types of lobbyists? While there are not any formal titles or legal definitions, I have always said there are four main categories of lobbyists in my view. They are the following: ·        Association - they work for an association. ·        In-house - they work for a specific company, such as a tech or pharmaceutical corporation.  ·        Contract - they contract with lobbyist employers. ·        Government - although they do not register, they lobby for State agencies and departments.  There are also others, such as ...

Specialized Areas of Lobbying  By Chris Micheli There are specialized areas of lobbying, particularly as it relates to certain executive branch agencies, departments, boards, and commissions. Because the vast majority of lobbyists operate in the legislative branch of government, some lobbyists view regulatory advocacy as specialized, particularly because it often requires specific knowledge about how that executive branch entity operates and the unique subject matter of its regulatory work. In fact, there are some regulatory agencies where you may find primarily attorneys working on those regulatory projects. This is especially true when it comes to an agency or department acting in its quasi-judicial function. However, it can also apply then an executive branch entity engages in quasi-legislative activities. What are some of these specialized areas of lobbying? The main ones that come to my mind are the PUC, CEC, CARB, BOE, and CTC. Are there others? Of course, DTSC, DO...

Committee Versus Floor Lobbying  By Chris Micheli Should you tackle committee lobbying differently than you do floor lobbying? Lobbying is lobbying, after all. While there are certainly some similarities between the two venues, there are also some important differences between lobbying legislation in a policy or fiscal committee, or on the Senate or Assembly Floors. In lobbying committees, the focus is on a smaller number of legislators and their staff (although the Senate and Assembly Budget Committees are quite large in size!). The target, of course, is to get a majority of the committee members to agree with your position, just as you need a majority or sometimes a higher threshold on either Floor for certain types of bills. When your bill is in committee, you spend time working with the committee staff (both majority and minority party consultants) on the bill language, and perhaps whether any amendments are necessary or appropriate.  And you work with the consultant...

Designating “Spot” Bills in the California Legislature  By Chris Micheli             It is easy to identify a “spot” bill that is introduced in the California Legislature. The first place to look is in the Legislative Counsel’s Digest. The second place, naturally, is to look at the text of the bill. As described by the Legislative Counsel, a “spot bill” is one that does not make any substantive change to existing law, “and would not otherwise affect the ongoing operations of state or local government.” On the other hand, an “intent bill” is one that merely makes a statement of legislative intent. In the Digest, the reader will find one of the following three statements after the explanation of existing law in the Digest (following the paragraph that begins with “Existing law…): “This bill would make nonsubstantive changes to ….” “This bill would make a technical, nonsubstantive change to ….” “This bill would make no...

Are These Extra Words Needed in California Statutes?  By Chris Micheli             In reading California statutes, I have seen multiple instances in which I believe there are extraneous words in bills and, ultimately, statutes in the 29 California Codes. Being concise is a key principle in drafting legislation and so I raise a couple of examples of language consistently found in statutes and pending legislation.             The first one is the use of the word “may.” The Codes have preliminary or general provisions, including the following guiding principle: “Shall” is mandatory and “may” is permissive. When the term “may” is used, it conveys a permissive or discretionary action is to be undertaken. So, let’s look at the first item I find duplicative: Why is the following language needed? “A court may, at its discretion, ….” We already know that the term “may” means i...

This Is an Interesting Limit on Rulemaking Power  By Chris Micheli             In perusing statutes in California’s 29 Codes, and with a keen interest in administrative law and the rulemaking process, I came across this interesting provision of state law: Fish and Game Code Section 6885 states that the Fish and Game Commission has “no power to modify the provisions of this article by any order, rule, or regulation.” What makes this statutory provision interesting? Executive branch agencies, departments, boards, commissions, and bureaus can engage in quasi-legislative activity (i.e., rulemaking) generally through a statutory grant of lawmaking authority that obviously comes from the enactment of a statute by the Legislature (who is granted lawmaking power by the state Constitution) and signed into law by the Governor (who essentially oversees the executive branch bureaucracy). However, in this case, the Legislature enact...

Probate Code Could Be a Basis for Statutory Interpretation Principles  By Chris Micheli             In reading sections of California’s Codes (the 29 Codes contain the state’s more than 156,000 statutes), I came across several interesting sections of the California Probate Code which could serve as a basis for codified statutory construction principles. Division 11 (“Construction of Wills, Trusts, and Other Instruments”), Part 1 (“Rules for Interpretation of Instrument”), Chapter 2 (“Ascertaining Meaning of Language Used in the Instrument”) of the California Probate Code could be used for other statutory interpretation principles that could be codified in California law.             Section 21120 provides that the words of an instrument are to receive an interpretation that will give every expression some effect, rather than one that will render any of the expressions...

What Is a “Loophole” in California Tax Laws?  By Chris Micheli             For years around the State Capitol, and this year in particular, we have heard the claim of tax increase proponents in the Legislature or proposed initiatives on the ballot are simply “closing a tax loophole.” So, what exactly is a “loophole” in the tax laws?             According to a dictionary definition: loop·hole /ˈlo͞opˌ(h)ōl/ noun an ambiguity or inadequacy in the law or a set of rules. Similarly, according to Wikipedia, “A loophole is an ambiguity or inadequacy in a system, such as a law or security, which can be used to circumvent or otherwise avoid the purpose, implied or explicitly stated, of the system.” Other observers have defined a loophole as “basically a technicality that allows one to escape violating the law through some activity.” My takeaway from these definitions...

 A n All-encompassing Legislative Statement  By Chris Micheli             As a legislative geek, in reading provisions of the California Fish and Game Code, I came across the following section of interest: 1850. (a) The Legislature finds and declares that it would be beneficial to identify species and habitat conservation initiatives at a regional scale, including actions to address the impacts of climate change and other wildlife stressors, in order to guide voluntary investments in conservation, and compensatory mitigation for impacts to ecological resources, including impacts to threatened and endangered species, other sensitive species, natural communities, ecological processes, and wildlife corridors. (b) The purpose of this chapter is to promote the voluntary conservation of natural resources, including biodiversity and ecological processes, and to enhance resiliency to climate change and other thre...

There Is More to Lawmaking than Passing Bills  By Chris Micheli Yes, Article IV, Section 1 of the California Constitution grants the lawmaking power to the legislative branch of state government (which it actually shares with the People through direct democracy). Nonetheless, I think lawmaking does not just mean passing bills and creating new laws. It also means oversight and accountability, as well as constituent services. This is not a partisan stance, nor does it matter who is in office in either the legislative or executive branches of state government. Instead, it is based upon a strong belief that a key responsibility of the Legislature is to evaluate existing laws and determine their effectiveness. This is especially true in tough budget times when the state cannot afford to be wasteful or duplicative in providing critical services. While California continues to face a myriad of public policy issues that demand attention by the Legislature, simply enacting additio...

Should California Codify Additional Interpretive Directives?  By Chris Micheli The more I delve into statutory interpretation, the more I am confronted from a legislative drafting perspective whether interpretive guidance should be provided to the courts in this state by placing additional directives in statute. The California courts already use a number of judicial principles when interpreting ambiguous statutes. As a general rule, our courts rely upon the plain meaning of the statutory language. However, when there is ambiguity, the judiciary will turn to the goal of determining the intent of the Legislature. As a result, it raises with me whether the Legislature should codify this goal and others for the courts to follow when interpreting an ambiguous statute (i.e., when statutory language is susceptible to more than one reasonable interpretation). In other words, should California have in statute this goal, as well as other interpretive directives for the state judges and...