Chris Micheli

Frequently Asked Questions about Resignations and Vacancies in California Offices  By Chris Micheli             Where are laws found regarding resignations and vacancies in the California Legislature? Government Code Title 1, Division 4, Chapter 4 deals with resignations and vacancies. What is the requirement for resignations? All resignations to be in writing. Where is a gubernatorial resignation sent? A resignation by the Governor or Lt. Governor is made to the Legislature if it is session. If the Legislature is not in session, then the resignation is made to the Secretary of State.             Where is a resignation by an officer commissioned by the Governor made? They are made to the Governor. Where are resignations by Members of the Senate or Assembly made? These resignations are made to the presiding officers of their respective houses (i.e., Assembly Speaker or Senate President pro Tempore), who are required to immediately transmit the resignation to the Governor.

Frequently Asked Questions about Filling a California Constitutional Office Vacancy  By Chris Micheli   Where in state law is the filling of a constitutional office vacancy? It is contained in the state Constitution, in Article V, Section 5, which provides for filling a vacancy in a constitutional office.   What are the nine constitutional offices in California? They are Governor, Lieutenant Governor, Attorney General, Board of Equalization Members, Controller, Insurance Commissioner, Secretary of State, Superintendent of Public Instruction, and Treasurer.   When are constitutional officers elected? They are elected on the statewide ballot every four years.   Who fills a vacancy in the office of Governor? A vacancy in the office of Governor is filled by the Lt. Governor.   How are the other constitutional offices filled in this state?    Section 5(a) of Article V provides “Unless the law otherwise provides, the Governor may fill a vacancy in office by appointment

Glossary of Common California Government Terms – A - B  By Chris Micheli It probably does not come as a surprise, but those working in and around California’s Capitol use a number of terms or “lingo” to describe aspects of the legislative and executive branch processes. The following is a compilation of some of the more common terms used in California state government: 2-year Bill - This is when a bill that did not pass out of its house of origin before the specified deadline in the first year of the two-year legislative session and is carried over to the second year of the Session. If the bill does not clear the second year deadline, then the measure has officially failed passage. 12-day Rule – The general rule for the number of calendar days the Governor has to act on a bill. 28.8 -- This is a Senate Rule that allows the Senate Appropriations Committee Chairman to waive a hearing and report a fiscal bill out of committee and to the Floor because there is very little state

Frequently Asked Questions about Appropriations Committees’ Actions  By Chris Micheli             For bills on the Suspense File, what are the three main actions taken by the Appropriations Committees? Historically, there were three actions that the Assembly and Senate Appropriations Committees took on measures pending on their respective Suspense Files: Do Pass; Do Pass as Amended; or Hold in Committee. What is an additional action that is taken for bills on the Suspense Files? In recent years, a fourth action has been used to distinguish between two types of holding measures on Suspense: a “2-year bill.”             For bills that are not placed on the Suspense File, what the actions taken? There can be one of the following actions: Do Pass, Do Pass as Amended, Consent, or “28.8 to the Floor” (only in the Senate). What is the monetary threshold for a bill to be sent to the Suspense File? It is $50,000 in the Senate, and $150,000 in the Assembly. What does Senate Rule 28

Frequently Asked Questions about California’s Legislative Privilege  By Chris Micheli What is a “legislative privilege”? This is a legal doctrine that creates a privilege against giving evidence on official legislative acts. What is “legislative immunity”? Under a longstanding legal doctrine, legislators are generally immune from civil liability for their official acts.  How does the legislative privilege work? In essence, the “legislative privilege” allows an elected member of a legislature to speak freely in debate, without fear that the legislator will be sued for what he or she says, such as for slander. What is a “parliamentary privilege”? The term legislative privilege is also referred to as a parliamentary privilege as it originated in European parliaments. How does legislative immunity work? It basically protects a legislator from a civil lawsuit in cases of either a legislative act or the legislator’s individual motivation for a legislative act. How does legis

Glossary of Common California Government Terms – C – D  By Chris Micheli Cabinet Unit – The group of individuals who work in the Governor’s Cabinet Unit as the liaison to the executive branch agencies. Calendar – A term used to describe the agenda for a committee or floor session. Calendar Day – Every day of the calendar, including weekends and holidays. Call of the House – This refers to when absent Members are called to the Floor of the Assembly or Senate, usually in order to establish a quorum. Capital Outlay - Generally, these are state expenditures to acquire or construct real property. Carryover Bill – Another term for a 2-year bill. Caucus -- A caucus can refer to a group of legislators (e.g., the Democratic Caucus) or a private meeting of a political party . Caucus Chair – The individual legislator who is selected by the leader of each party caucus in both houses to lead the members of the respective caucus. CCR – The California Code of Regulations, wh