Chris Micheli

What Is the Gann Limit or the State Appropriations Limit?  By Chris Micheli             In the past few years, but particularly this year, lots of people in and around the Capitol are talking about the “Gann Limit” or the “State Appropriations Limit,” often referred to as “SAL.” So, what is the SAL or the Gann Limit? Basically, if the state has revenues above the SAL over two consecutive years, the Constitution requires the state to divide the excess revenues between rebates to taxpayers and additional spending on schools.             The SAL or Gann Limit was enacted by the voters in November 1979 as Proposition 4, just one year after voters adopted Proposition 13 and their continued interest in limiting state and local government spending. Basically, Prop. 4 capped spending at 1978-79 levels, which are adjusted annually based upon changes in population and cost-of-liv...

Codified v. Uncodified Laws  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, there are...

What Is a Code Maintenance Bill?  By Chris Micheli             Several times per year, the Office of Legislative Counsel drafts a “code maintenance bill.” What is that and what is its purpose?             A floor analysis described this type of bill as follows: This bill is the annual maintenance of the codes bill. A condition for inclusion in the annual code maintenance bill is that the change must be nonsubstantive. Consequently, any provision that is identified as making a substantive change will be deleted from this bill.             A committee analysis described this type of bill as follows: Makes non-substantive changes to the codes by recommendation of the Legislative Counsel's office. Specifically, this bill makes various grammatical and other technical changes suggested by the Office of Legislative ...

Crimes against the Legislative Power  By Chris Micheli California law contains statutes related to crimes against the “Legislative Power.” These provisions are found in Article III, Sections 9050 to 9056, of the California Government Code and are intended to combat crimes against the Legislature and the legislative process.             Section 9050 provides that e very person who willfully, and by force or fraud, prevents the Legislature, either of the houses composing the Legislature, or any of its members from meeting or organizing is guilty of a felony.             Section 9051 provides that every person who willfully disturbs the Legislature, or either of the houses composing the Legislature while it is in session, or who commits any disorderly conduct in the immediate view and presence of either house tending to interrupt its proceedings or impair the respect due...

Adjournment in the California Legislature  By Chris Micheli             When the California Legislature adjourned its 2020 Session in the early morning hours of September 1, many observers mistakenly called it “adjournment sine die .” 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 legislative day upon the completion of business, which is accomplished by a successful motion to end the session, with the hour and day of the next meeting being set prior to adjournment. In order for the Assembly and Senate to adjourn, a motion to adjourn must be made. The motion to adjourn is not debatable and may not be amended. It is always in order, except when another Member has the floor, when voting is taking place...

California’s Reenactment Rule  By Chris Micheli             California’s Constitution, in Article IV, Section 9, provides “ A section of a statute may not be amended unless the section is re-enacted as amended.” What does that mean?             According to the courts, the purpose of the constitutional reenactment rule, which prohibits amending a section of statute unless the section is reenacted as amended, is “to avoid enactment of statutes in terms so blind that legislators themselves are deceived in regard to their effect.” The rule applies to bills which are amending some former act. However, the reenactment rule does not apply to the addition of new code sections or enactment of entirely independent acts that impliedly affect other code sections. In other words, when adding a new code section, the Legislature is not required to re-enact other code sections that ...

Oath of Office in California  By Chris Micheli             Government Code Title 1, Division 4, Chapter 2, Article 4 specifies the oath of office in Sections 1360 to 1369. Article 4 was enacted in 1943. Section 1360 provides that, fol lowing any election or appointment and, before any officer enters on the duties of his or her office, he or she must take and subscribe the oath or affirmation that is set forth in Section 3 of Article XX of the Constitution of California.             Article 20, Section 3 provides: “Members of the Legislature, and all public officers and employees, executive, legislative, and judicial, except such inferior officers and employees as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation:    “I, ___________, do solemnly swea...