Chris Micheli

The Value of Explanations in Bill Plus Sections  By Chris Micheli             In reviewing the more than 2,600 bills introduced in the 2023 Legislative Session, I have come across a number of bill sections that could benefit from additional explanation. What I mean by that is that some sections at the end of bills, called “plus sections,” should not just merely make a statement, or a finding and declaration.             Instead, those sections should contain a brief statement that justifies the legislative statement. What is an example that shows what I am referring to? One standard plus section is when the Legislature wants to apply a proposed statute to both general and charter cities.             Some bills simply include the legislative finding and declaration that they want it to apply to all cities. The foll...

More Detailed Spot Bill Language in Digests Is Helpful  By Chris Micheli             In reviewing the hundreds of new bill introductions for the 2023 California Legislative Session, I came across several “spot bills” (i.e., those lacking substantive law changes) that serve as placeholders. In almost all spot bills, the Legislative Counsel’s Digest states either: “ This bill would make technical, nonsubstantive changes to that provision” or “This bill would make a nonsubstantive change to that section.”             Perhaps I have not noticed before, but several recent bills have gone beyond that standard language. The following are examples from recently-introduced spot bills: This bill would make nonsubstantive changes in a provision that, for purposes of the Donahoe Higher Education Act, designates the segments of public postsecondary education as the California Comm...

Official State Designations in California  By Chris Micheli             Do you like “cocktail trivia”? If so, did you know that California law lists over 35 items as official state designations? California Government Code Title 1, Division 2, Chapter 2 (titled “State Flag and Emblems”) contains the following official state designated items:             The Bear Flag is the State Flag of California – Gov’t Code Sec. 420             “Eureka” is the official State Motto – Gov’t Code Sec. 420.5             “The Golden State” is the official State Nickname – Gov’t Code Sec. 420.75             The golden poppy is the official State Flower (and April 6 is California Poppy Day) – Gov’t Code Sec. 421  ...

Comparing 2023 Bill Introductions to Past Years  By Chris Micheli             We know that the 2,632 bills that were introduced in the California Legislature by the February 17 deadline was the highest amount in more than a decade. What about bill introductions in the two houses – State Senate and State Assembly? Below is a listing of total bills introduced in the Senate and Assembly respectively over the past seventeen years (not including any special sessions) .   The lowest number of bill introductions during this time in the Senate was 641 (in the 2014 Session) and the highest was 1,052 (in the 2007 Session). The 2023 total ranks third highest in the past 17 years.   SENATE   2023 Session – 881 bills 2022 Session – 672 bills 2021 Session – 828 bills 2020 Session – 682 bills 2019 Session – 792 bills 2018 Session – 694 bills 2017 Session – 817 bills 2016 Session – 676 bills 2015 Se...

Should a Special Statute Rely Upon Findings and Declarations?  By Chris Micheli             I have written previously on special statute statements and their sufficiency. In the California Legislature, there are “special statute” bills that are used when legislators believe a bill’s provisions are unique and should apply in only a specified circumstance or to a specified entity or jurisdiction. Not any bill can be given a special statute designation. If a special statute is required for certain, unique reasons, the bill states that it is a “special statute,” along with a brief explanation why a general statute cannot apply in this circumstance. At the end of the bill, in what the Office of Legislative Counsel calls a “plus section,” there will be the following 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 1...

Possible New Approach for Appropriations Bills?  By Chris Micheli             In reviewing the hundreds of new bill introductions for the 2023 California Legislative Session, I came across a possible new approach for appropriations bills. Will this approach take hold with other measures as well?             The language is found in a “plus section” at the end of the particular bill and contains the following intent language (this language would be uncodified):   (a) It is the intent of the Legislature that this section be considered for the purpose of any appropriation made to implement Section 123833 of the Health and Safety Code, as added by the act that added this section. (b) If the Director of Finance certifies that the state General Fund would be in a deficit in the following fiscal year, the Governor may, on or before July 1 of that fiscal ye...

Because It Doesn’t Happen Often…  By Chris Micheli The Assembly Committee on Rules recently granted permission for AB 269 (Berman) – public health: COVID 19 testing and dispensing sites – to have its 30-day in print requirement waived. This type of waiver rarely happens, except when exigent circumstances require it. California Constitution Article IV, Section 8(a) specifies that, a t regular sessions, no bill other than the budget bill may be heard or acted on by a committee or either house until the 31st day after the bill is introduced, unless the house dispenses with this requirement by rollcall vote entered in the journal, three fourths of the membership concurring. So, while the state Constitution generally requires a bill to be “in print” and not acted upon for 30 days, there is a process for waiving that requirement. In addition, Joint Rule 55 imposes the “ 30-Day Waiting Period.” JR 55 states that this rule may be suspended concurrently with the suspension of the requ...