Chris Micheli

Frequently Asked Questions about Statutory Construction in California  By Chris Micheli             For those not familiar, I put together the following questions and answers for those queries that are most often posed regarding statutory construction in California. What is the purpose of statutory construction? The “fundamental task is to ascertain the Legislature’s intent so as to effectuate the purpose of the statute.” Smith v. Superior Court California Supreme Court decision.             How do courts generally look at statutory language? As a general rule, in reviewing the text of a statute, the courts will look to the o rdinary or plain meaning.             Do statutory headings in California’s Codes determine the meaning or intent of Code sections? No, title, division, part, chapter, article, and secti...

Frequently Asked Questions about the Legislative Process in California  By Chris Micheli             For those not familiar, I put together the following questions and answers for those queries that are most often posed regarding the legislative process in California. When does the Legislature’s regular session convene? At noon on the first Monday in December in the even-numbered year, such as December 5, 2022 How long is the Legislature’s regular session? 2 years, like the U.S. Congress When does the 2-year session conclude? At midnight on November 30 of the following even-numbered year. What is a special session? “ On extraordinary occasions the Governor by proclamation may cause the Legislature to assemble in special session.” How many legislators are needed to conduct official legislative business? A majority of the membership constitutes a quorum. Do legislative committee hearings have to be open to the ...

Frequently Asked Questions about California’s Executive Branch  By Chris Micheli             For those not familiar, I put together the following questions and answers for those queries that are most often posed regarding California’s executive branch of state government.             What power is granted by the Constitution to the Governor? The supreme executive power of this State is vested in the Governor.             When is the Governor elected? The Governor is elected every fourth year at the same time and places as members of the Assembly. When does the Governor take office? The Governor takes office on the Monday after January 1 following the election. What are the requirements to be elected Governor? The Governor must be a voter who has been a citizen of the United States and a resident of this St...

Frequently Asked Questions about Direct Democracy in California  By Chris Micheli             For those not familiar, I put together the following questions and answers for those queries that are most often posed regarding the three forms of direct democracy in California:             What is an initiative? The initiative is the power of the state’s voters to propose statutes and amendments to the Constitution.             How does someone propose an initiative? An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by the required number of voters. What are the signature requirements for an initiative? Voters equal in number to 5% for a statutory initiative,...

Frequently Asked Questions about the California Legislature  By Chris Micheli             For those not familiar, I put together the following questions and answers for those queries that are most often posed regarding the California Legislature:             Does the Legislature share it lawmaking power with voters? Yes, because the people reserve to themselves the powers of initiative and referendum.             How many houses of the Legislature? Two. California is a bicameral legislature.             How many State Senators are there? 40 Senators elected for 4-year terms, 20 to begin every 2 years.             How many State Assembly Members? The Assembly has a membership of 80 members elected f...