Chris Micheli

Motions on Bills in Legislative Committees  By Chris Micheli             In recent weeks, two questions have arisen regarding motions on bills in policy and fiscal committees in the California Legislature.             The first question concerns whether a motion requires a second in legislative committees. This is one of those instances in which the two houses differ in their practices. While the Senate Rules do not address this point, they use the guidance from Mason’s Manual, which is the standard pursuant to the Joint Rules and the respective house rules. Mason’s Manual specifies only a motion is required, but not a second. As a result, the practice followed by the Senate is a bill can be voted on after a motion is made. On the other hand, Assembly Rule 93 deals with consideration of motions. Whether a motion is in writing or made orally, these motions may not be a...

Quiz on California Statutory Construction Principles  By Chris Micheli             This quiz is to test your knowledge about California’s principles of statutory construction. 1.       The purpose of statutory construction is to determine what the Legislature intended when enacting the statute in question. 2.       An extrinsic analysis is one in which the bill language itself is interpreted by the reviewing court. 3.       A general statute always applies over a specific statute. 4.       A more recently enacted statute is given more weight than an earlier enacted statute. 5.       Courts give reference to each word in a statute and qualifying words are applied to those immediately preceding them. 6.       The word “shall” and “must” are used interchangeably in Cali...

Quiz on California Political and Elections Laws  By Chris Micheli             This quiz is to test your knowledge about California’s political and election laws.   1.       Like federal judgeships, California appellate court justices serve lifetime appointments.   2.       Trial court and appellate court judges are all appointed by the Governor and then subject to confirmation by the JNE Commission.   3.       In California, the two candidates who proceed to the November general election are the two candidates with the most votes at the primary.   4.       California legislators are allowed a maximum of fourteen years of service in either house or a combination of the two houses.   5.       A legislator can sit out two election cycles and then the term limits...

What Is Interim Study?  By Chris Micheli             For those who watched or participated in the Assembly Public Safety Committee hearing on seven fentanyl bills on April 27, 2023, you would have heard that one bill was sent to “interim study.” Such a motion has not been regularly made in many years, so a short refresher may be in order.             Obviously, a committee in the California Legislature can pass a bill, hold a bill, or defeat a bill.   For bills that are held in committee, there are some subtle differences, as set forth below:   ·          Held in Committee – this means a bill failed to get sufficient votes to pass out of committee.   ·          Held under Submission – this means an action taken by a committee when a bill is heard in committee and ther...

Quiz on California Rulemaking Process  By Chris Micheli             This quiz is to test your knowledge about California’s forms of direct democracy. 1.       The main principles of the APA are notice to the public and opportunity to be heard. 2.       An underground regulation is one that has complied with the APA process.  3.       The state APA dictates the process to be followed by state agencies in their rulemaking. 4.       There are seven statutory criteria by which OAL evaluates proposed regulations. 5.       Like a bill signed by the Governor, after review and approval by OAL of a regulation, OAL transmits the regulation to the Secretary of State. 6.       Deference is one of the statutory standards of review used by OAL to review proposed regulations. ...