Chris Micheli

Administrative Adjudication Bill of Rights  By Chris Micheli             In the California Government Code, there are administrative adjudication procedures for state departments and agencies. Among those provisions is a “bill of rights” related to administrative adjudication. Government Code Section 11425.10 specifies requirements that must be included in the governing procedure by which a state agency conducts an adjudicative proceeding. Those requirements include the following:   ·          The agency shall give the person to which the agency action is directed notice and an opportunity to be heard, including the opportunity to present and rebut evidence.   ·          The agency shall make available to the person to which the agency action is directed a copy of the governing procedure.   ·     ...

Could a “Penalty” on Oil Companies Be Passed by a Majority Vote?  By Chris Micheli             There have been discussions the past two months regarding whether the California Legislature and Governor will impose an “excess profits” tax on oil companies in this state. When the Governor issued his proclamation to the Legislature to convene a special session on this topic, the first stated purpose is “to consider and act upon legislation necessary to: (a) Deter price gouging by oil companies by imposing a financial penalty on excessive margins, with any penalties collected to be returned to Californians.”             While we have yet to see the proposed bill language to achieve this purpose, there has obviously been a change in terminology from imposing a “tax” (on excess profits) to a “penalty” (on excessive margins). Is that significant? Why might the terminology have ...

What Are the DOF’s Required Reports to the Legislature?  By Chris Micheli             California Government Code Section 13308 requires five reports to the Legislature that must be submitted by the Director of the Governor’s Department of Finance (DOF). The state Constitution only requires the Governor to submit his or her budget within the first 10 days of each calendar year pursuant to Article IV, Section 12.             However, the Director of Finance is required to submit five reports to the Legislature throughout the first part of each calendar year. Subdivision(a) requires the Director to submit to the Legislature by January 10 total recommended state General Fund expenditures and estimated, including any proposed, state General Fund revenues that include the 5-year capital infrastructure plan, an estimate of the total General Fund resources, and a projection of ...

What Is the Order of Items in a Bill Title?  By Chris Micheli             California’s Constitution, in Article IV, Section 9, requires each bill to have a title. The constitutional provision states: “ A statute shall embrace but one subject, which shall be expressed in its title. If a statute embraces a subject not expressed in its title, only the part not expressed is void. A statute may not be amended by reference to its title.” T he title provides a description of the bill. As a general rule, a bill title begins with the phrase, “an act to ___ (amend, add, repeal).” The practice in California and many other states is to include the references to code sections and whether the bill adds, amends or repeals those code sections. The title of a bill should designate the subject of the bill in general terms, not in detail. The bill’s title usually ends with the Relating Clause, such as “… Code, relating to local government f...

Drafting a Bill that Calls an Election  By Chris Micheli             The Legislature can enact a statute that calls an election by specifying a date on which that election will be held and what subject will be on that election’s ballot. What does a bill that calls an election look like? The following parts of a bill in the California Legislature contain provisions related to the calling of an election: Bill Title : The bill’s title will be similar to the following language: “ An act relating to ___, calling an election, to take effect immediately. ” Legislative Counsel’s Digest : The bill’s digest will be similar to the following language: “This bill would declare that it is to take effect immediately as an act calling an election.” Plus Sections : The bill’s “plus section” will be similar to the following provisions: “ A special election is hereby called to be held throughout the state on ___ (specified date). The sp...

What Is the Difference Between Senate Rules 28.8 and 28.9?  By Chris Micheli             Two separate California State Senate Rules grant power to the Chair of the Senate Appropriations Committee to dispense with hearing a fiscal-related bill and instead send that bill directly to the Floor of the State Senate. That power is set forth in Senate Rules 28.8 and 28.9. Senate Rule (SR) 28.8 deals with bills that have nominal state costs, while SR 28.9 deals with bills that have nominal local costs.             Senate Rule 28.8 provides that a bill that has been “keyed fiscal” by the Office of Legislative Counsel, and that does not appropriate money, may not be set for hearing and must be promptly reported to the Senate Floor with the recommendation that the bill be placed on the Second Reading File, so long as the Appropriations Committee Chair determines that “(a) any addi...

What Are the Joint Recesses in the First Year of Session?  By Chris Micheli             The Joint Rules of the California State Senate and Assembly contain more than sixty provisions, including Joint Rule 51, which deals with the legislative calendar.             Subdivision (a) of Joint Rule 51 deals with the first, or odd-numbered, year of the Legislature’s 2-year legislative session. Joint Rule 51(a) requires the two houses of the Legislature to observe four recesses during the first year (i.e., the odd year) of the regular session. Those recesses are the following: Organizational Recess—The Legislature shall meet on the first Monday in December following the general election to organize. Thereafter, each house shall be in recess from the time it determines until the first Monday in January, except when the first Monday is January 1 or January 1 is a Sunday, in w...