Chris Micheli

Bills with Different Vote Requirements in the California Legislature  By Chris Micheli             In the California Legislature, there are six possible vote thresholds required for passage of bills in order to enact a statute. Those six different vote thresholds and accompanying statistics are set forth below: 55% Vote Required In the 2023 Session, there is one bill that require a 55% vote for passage. Since 1999, there have been 6 bills that require a 55% vote for passage. This higher vote threshold is required for bills amending Prop. 63 from 2016, the Safety For All Act of 2016, which makes it a crime for a person to possess a large-capacity magazine. An example is AB 732 (Mike Fong) from the 2023-24 Session Proposition 63 allows its provisions to be amended by a vote of 55% of the Legislature so long as the amendments are consistent with, and further the intent of, the act. This bill would amend Proposition 63 by...

One Reason to Have More Thorough Legislative Discussions on Bills  By Chris Micheli             Mainly because legislative committees in the California Legislature have to process so many bills at their limited hearings, there is little public debate, particularly among legislators, regarding bills that are heard in the committees of the State Senate and State Assembly. Even on the Floors of the two houses of the California Legislature, there is little public discourse, and rarely any detailed discussion about a bill’s specific provisions.             This is particularly problematic when a statute is being considered by the judicial branch of state government and the judiciary is trying to ascertain the intent of the Legislature. Unfortunately, state courts often find that statements of intent as well as legislative debate, particularly detailed discussions regarding a...

A Few Bill Statistics from the California Legislature  By Chris Micheli             As a self-described legislative geek, I was researching different types of bills that have been considered by the California Legislature. I began with the 2023 California Legislative Session and found that there currently are: ·          Over 2,660 bills introduced ·          124 bills would take effect immediately ·          717 bills contain a state mandated local program ·          2,007 bills would have a fiscal effect ·          78 bills contain an appropriation ·          2,520 bills require a majority vote for passage ·          158 bills require a...

Why Do Some Bill Declarations Have Specific Statements and Others Do Not?  By Chris Micheli             In the California Legislature, a majority of bills that contain “plus sections,” which are found at the end of a bill’s substantive statutory provisions, make specific their statements or declarations. On the other hand, a few bills contain merely a statement or declaration without any details or explanation that justifies the particular statement or declaration.             The first set of examples (five common ones) contain declarations that use specific citations as well as an explanation of why the particular bill meets the specified purpose. The second set of examples (two common ones) contain mainly a statement or declaration, but could use a specific citation, and perhaps an explanation of why the bill meets the specified purpose. Finally, I have included my s...

Federal Court Uses Legislator’s Statements to Allow Lawsuit Challenging State Statute  By Chris Micheli             In the March 2023 decision by the U.S. Court of Appeals for the Ninth Circuit of Olson v. State of California , 62 F.4 th 1206 (9 th Cir. 2023), the federal appellate court based its decision squarely on the public statements made by a former legislator who authored the bill at issue in the appeal. The decision is interesting to read not only because of the subject matter of the bill, which was a hotly contested measure in the Legislature, but also because of its use of an uncommon means of considering legislative history.             Assembly Bill 5 (Gonzalez), which dealt with the misclassification of independent contractors and the codification of the California Supreme Court’s Dynamex Operations West decision, was challenged by two app-based drivers...

California’s Labor Code Rarely Applies to the Public Sector  By Chris Micheli Many readers are not aware that the California Labor Code generally does not apply to public sector employers, including the state, counties, cities, and special districts. The Labor Code clearly applies to private employers. In most areas, however, the Labor Code is silent as to its application to public employers. While some have argued that the Labor Code’s provisions apply in all cases without any specific exemption for public employers, that is not the case. Instead, as a general rule, California courts have determined that the Labor Code does not apply to public entities unless they are specifically included in the language of a particular section. For example, in  Johnson v. Arvin-Edison Water Storage District , 174 Cal.App.4th 729 (Cal. Ct. App. 2009), the appellate court held that California’s Labor Code provisions governing daily overtime, meal periods, and payment of wages upon separa...

Local Agencies Levying Fees  By Chris Micheli             On occasion, a reader may come across language in California legislation regarding the authority of local agencies to levy fees, thereby not requiring reimbursement by the state due to a state-mandated local program. In this type of bill, there is a disclaimer that reimbursement is not required. The following language would be found in the bill:   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.             Preceding this section of a bill is a legislative finding and declaration in a previous bill section....