Chris Micheli

Frequently Asked Questions about Tax Levies in California Bills  By Chris Micheli   There is often confusion regarding whether a bill is a tax levy or not, and what a “tax levy” designation actually means. To make matters worse, a common misconception is that a tax levy is a bill that proposes a tax increase.   What is a “tax levy” for California bill purposes? A tax levy is a bill that proposes to change the base, rate, or burden of any tax.   Is the definition of a tax levy found in California law? Unfortunately, the term is not defined in either the state Constitution or in statute.   Who determines whether a bill is deemed a tax levy? The determination of whether a bill is a tax levy is done by the attorneys in the Office of Legislative Counsel.   What will bill readers see in a section at the end of a bill that is a tax levy? The following statement is a plus section in a tax levy bill: “This act provides for a tax levy within the ...

Frequently Asked Questions about California Legislative Publications  By Chris Micheli   What governs the printing of publications for the Legislature and the individual houses? Printing is governed by the individual rules of the State Senate and the State Assembly, as well as their Joint Rules.   Who is charged with printing legislative measures? The Secretary of the Senate and the Chief Clerk of the Assembly are charged with printing all of the legislative measures proposed by their respective members.   Who does the legislative printing? It is done by the State Printing Office (SPO), which is required by statute to print the laws, including initiative measures, as well as any other printing that is ordered by either the Senate or the Assembly.   What is required to be included on the front of legislative publications? By statute, the officers of the Assembly (their names and titles) must appear on the front of all Assembly publications. There ...

Should There Be an Office of Regulatory Counsel?  By Chris Micheli             For those involved in the California legislative process, everyone is familiar with the outstanding work that is done by the attorneys and staff in the Office of Legislative Counsel (OLC). For those who are not regularly involved in the regulatory arena, you may not be aware that there does not exist a similar office to assist executive branch state agencies. As a result, I am advocating for the creation of a new “Office of Regulatory Counsel,” (ORC) that should be houses in the Governor’s Office, similar to a handful of other offices based in the Governor’s Office, such as Go-Biz, Office of Tribal Adviser, etc.             The ORC would be similar to the Office of Legislative Counsel, which drafts legislation for the Legislature and Governor, but the ORC would play a similar role for execu...

Frequently Asked Questions About Using Letters to the Daily Journal  By Chris Micheli What are the purposes of a Letter to the Journal? They are used when a Member may need to submit a letter to the Journal for clarification on one of their bills, or to express the author’s intent for their bill. Where is the letter published? In either the Assembly or Senate Daily Journals , depending on which is the bill’s house of origin. While occasionally letters are placed in both journals for the same bill, or a letter is published in the other house’s journal, those are likely not to be recognized by the courts in this state. Who submits a letter to the journal? These signed letters are submitted by the bill’s author on their letterhead and addressed to either the Assembly Chief Clerk (for an AB) or the Senate Secretary (for an SB). What happens when the author submits the journal letter? These letters are reviewed by the staff of the two legislative leaders of the respective ho...

Snapshot of Bill Signing Messages --  Compiled by Chris Micheli --  November 2023   2023 Gavin Newsom 10 ABs / 8 SBs 18 total 2022 Gavin Newsom 12 ABs / 10 SBs 22 total 2021 Gavin Newsom 3 ABs / 5 SBs 8 total 2020 Gavin Newsom 7 ABs / 4 SBs 11 total 2019 Gavin Newsom 5 ABs / 6 SBs 11 total   Total signing messages: 36 ABs / 33 SBs 69 total / 14 average per year 2018 Jerry Brown 6 ABs / 7 SBs 13 total 2017 Jerry Brown 15 ABs / 3 SBs 18 total 2016 Jerry Brown 10 ABs / 7 SBs 17 total 2015 Jerry Brown 7 ABs / 2 SBs 9 total 2014 Jerry Brown 5 ABs /...

Frequently Asked Questions About Vetoed Bills  By Chris Micheli             How is a bill vetoed? The Governor may veto a bill by returning the bill unsigned with any objections to the house of origin. What does the house of origin do with the veto? It is required to enter the objections (i.e., the veto message) in the Daily Journal. Can a vetoed bill be overridden? Yes, it requires each house to pass the bill by rollcall vote entered in the Daily Journal, two-thirds of the Members concurring. What happens if both houses override the Governor’s veto? The bill becomes a statute. When does the vetoed bill take effect if the veto is overridden? If it is one of four types of bills that take effect immediately, then it would be the day the bill gets a chapter number after both houses vote to override the veto. If it is a regular bill, then the following January 1. The state Constitution provides that “a statute enacte...