Chris Micheli

Binding a Future Legislature  By Chris Micheli               You may have heard around the California State Capitol the following phrase: “You cannot bind a future Legislature.” What does that mean? And does it apply to the electorate, or just the Legislature? The California Supreme Court, in the case of In re Collie (1952) 38 Cal.2d 396, explained that neither house of the California Legislature may bind its own hands or those of future Legislatures by adopting rules not capable of change. The high court said, “It is the general rule that one legislative body cannot limit or restrict its own power or that of subsequent Legislatures and that the act of one Legislature does not bind its successors.” This is pretty straight forward because a subsequent Legislature (e.g., in the 2025 California Legislative Session), can change a statute enacted by the 2023 California Legislature. They would do so by enacting a new statute that amends or repeal...

A Different Approach for California’s Enrolled Bill Rule  By Chris Micheli Should the Enrolled Bill Rule (EBR) serve as an absolute bar to legal challenges to enacted statutes in California? Before I address this question, I should explain what the Enrolled Bill Rule is. The Enrolled Bill Rule is based upon the separation of powers doctrine. In general, the judicial branch of government is loath to review the record keeping practices of the legislative branch of government to determine whether statutes were properly enacted. This limitation on judicial inquiry is known as the “Enrolled Bill Rule” and it dates back to the 19 th  Century. This legal doctrine holds that, if an act of the Legislature is “properly enrolled, authenticated, and filed,” then it is presumed by the judicial branch of government that “all of the steps required for its passage were properly taken,” and “even the journal of the Legislature is not available to impeach it.” In now a minority of ...

Should legislative grants of rulemaking authority always include specific guidance from the Legislature?   By Chris Micheli Under constitutional separation-of-powers provisions, generally the laws are enacted by the legislative branch of government, the laws are administered by the executive branch, and the laws are interpreted by the judicial branch. California’s Constitution, in fact, provides specifically for this doctrine in its Article III, Section 3. With the executive branch charged with administering the law, as well as enforcing it, the state agencies and departments that administer the law need to engage in rulemaking activities, which are quasi-legislative in nature. This power to make the law (through regulations) is similar to that of the legislative branch of government. The legislative branch grants by enacting a statute, or delegates, this power or authority to make laws. Generally, when this authority is delegated to state agencies, the Legislature will ...

OLC Sometimes Needs to Clean-up the Codes  By Chris Micheli             In recently-enacted legislation during the 2023 California Legislative Session, readers will see examples of how attorneys in the Office of Legislative Counsel (OLC) clean-up statutes due to outdated language, and even misspelled words contained in existing California Codes.             The following is an example from a bill that was enacted in July 2023. As you can read, the bill made a number of technical, nonsubstantive changes to existing state law. While not substantive changes, these statutory changes were required in order to update the language found in the California Public Resources Code. Below are the changes made with a brief explanation thereafter: SEC. 5. Section 6896 of the Public Resources Code is amended to read: 6896. Until the permittee applies for a lease as to that po...

Practical Tips for Working with the Governor’s Legislative Unit  By Chris Micheli             In talking with staff from the Governor’s Legislative Unit the past few weeks, there are some practical tips that were shared with me for those working with the staff members of the Governor’s Legislative Unit. While some of these recommendations may seem obvious, many of them bear repeating. The following are some of the suggestions shared with me these past few weeks: ·          Always identify the client(s) you are engaging on behalf of, the topic, and the position when requesting a meeting. In addition, provide the meeting participants in advance. ·          Submit your support or opposition letter, or a request for signature or veto, to the following email address: leg.unit@gov.ca.gov , The earlier you communicate any concerns about a ...

Should Tax Levy Statements Be Explained?  By Chris Micheli             Some California bills are deemed a “tax levy” by the Office of Legislative Counsel. Readers of California legislation will see a section at the end of a bill that reads as follows: This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect. Under Article IV, Section 8(c)(3) of the California Constitution, “statutes calling elections, statutes providing for tax levies or appropriations for the usual current expenses of the State, and urgency statutes shall go into effect immediately upon their enactment.” This begs the question of what is a “tax levy”? Unfortunately, the term is not defined in either the state Constitution or in statute. According to the Office of Legislative Counsel, for California bills, a “tax levy” means a ny bill that changes the rate, base, or burden of a t...

Second-ever California Bills Signed by a Senate Leader  By Chris Micheli             Earlier today, July 6, California State Senate President pro Tempore Toni G. Atkins (D-San Diego), who is serving as Acting Governor as Governor Newsom and Lt. Governor Kounalakis are out of the state, held a bill signing ceremony this morning. The Acting Governor signed the following bills: ·          AB 588 (Speaker Rivas) – Pajaro Valley Water Management Agency Act: board members ·          AB 354  (Stephanie Nguyen) – Sacramento Regional Transit District: Td of directors: membership ·          AB 410 (Reggie Jones-Sawyer) – Shared mobility devices Senator Atkins is the second Senate leader (who is third in line to the Governorship) to sign legislation. The first was in 1972 and then again in 1976 by then Senate President...