Chris Micheli

Are All California Trailer Bills Protected Against a Referendum?  By Chris Micheli             Some Capitol observers have posed the question whether budget trailer bills in the California Legislature are “shielded” or protected from a referendum challenge. The answer to this question has not been addressed by the judicial branch, but we can certainly make an educated guess. Let’s consider a few points.             By way of background, Article II, Section 9(a) of the California Constitution provides: “The referendum is the power of the electors to approve or reject statutes or parts of statutes except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State.”             In addition, Article IV, Section 12(d) and (e) describe a p...

Frequently Asked Questions about Presiding Over the State Senate By Chris Micheli             Is there only one person who presides over the California State Senate floor sessions? No, just like in the California State Assembly where several Assembly Members actually preside over the Floor Sessions, different senators preside over the State Senate during its Floor Sessions. Who is the presiding officer on the Assembly Floor? The presiding officer (aside from the Speaker) is primarily either the Speaker pro Tempore or the Assistant Speaker pro Tempore. Who is the presiding officer on the Senate Floor? Senate Rule 7 specifies that: “The President pro Tempore shall take the Chair and call the Senate to order at the hour of the meetings of the Senate. The President pro Tempore is the Presiding Officer of the Senate.” Is any other state senator deemed the presiding officer? Yes, SR 7 also provides: “The Vice Chair of the...

Frequently Asked Questions about Timing of Appropriations Bills  By Chris Micheli             What are appropriations bills? Appropriations bills, as their name implies, appropriate funds from the General Fund or special funds to a designated entity for a designated purpose. Can these bills be adopted at any time during the Legislative Session? The answer is no, pursuant to Article IV, Section 12(c)(4) of the California Constitution. What does our state Constitution say about the timing of appropriations bills? It provides the following: “ Until the budget bill has been enacted, the Legislature shall not send to the Governor for consideration any bill appropriating funds for expenditure during the fiscal year for which the budget bill is to be enacted, except emergency bills recommended by the Governor or appropriations for the salaries and expenses of the Legislature.” What are the two situations where an appropriatio...

Two Suggested Changes to California’s Recall Law  By Chris Micheli             When I read about another recall effort being launched against California Governor Gavin Newsom, it prompted me to review the provisions of Article II of the state Constitution that provides for the three forms of direct democracy, including the recall. That review prompted me to recommend two changes to our state Constitution to limit the potential for abuse and hopefully save considerable taxpayer funds, while also preserving the ability to recall state officers.             To put things in context, Article II, Section 13 provides: “ Recall is the power of the electors to remove an elective officer. ” As readers will remember, a recall effort was successfully placed on a special election ballot held on September 14, 2021. That recall effort, which failed miserably by a margin of 62% to 38%...

Equity Impact Analysis of California Legislation  By Chris Micheli             The California State Assembly provides for an important equity impact analysis of legislation to be completed pursuant to a house resolution adopted in 2021. House Resolution 39 states, in part: “ the Assembly will explore methods to integrate equity more formally into its daily activities, including the potential adoption of equity impact analysis into the existing committee and floor bill analysis process.” As a result, bill authors and staff may come across a provision in a committee worksheet, for example, such as the following:   Per HR 39, how does your bill promote equity solutions and maximize benefits for underserved and marginalized communities? What is the basis for this provision and what does it mean? HR 39 was chaptered in 2021 and provides that “it is the intent of the Legislature to support the state’s health equity and e...

Frequently Asked Questions about Economic Impact Analysis Under the APA  By Chris Micheli             Does each executive branch rulemaking require an economic analysis to be done? Yes, all regulations are required to have an analysis of the potential economic impact of the regulation pursuant to Government Code Section 11346.3. What is required for this analysis? Aa state entity proposing to adopt, amend, or repeal any regulation must assess the potential for adverse economic impact on California business enterprises and individuals. What must the rulemaking agencies try to avoid? These rulemaking entities must avoid the imposition of unnecessary or unreasonable regulations or reporting, recordkeeping, or compliance requirements.             What must the rulemaking agencies consider and when? The state entity, prior to submitting its proposed regulatory actio...

Frequently Asked Questions about Continuous Appropriations  By Chris Micheli             Does California law define an appropriation or a “continuous appropriation”? No, state law does not define the term “appropriation,” even though we find that term in the state Constitution as well as numerous statutes. Hoes is the term appropriation defined by California’s Legislative Counsel? The Office of Legislative Counsel defines an appropriation as “ the amount of money made available for expenditure by a specific entity for a specific purpose, from the General Fund or other designated state fund or account.”             Is there a legislative branch definition of continuous appropriation? The Senate Committee on Budget & Fiscal Review provides this definition for the term: “Amount available each year under a permanent constitutional or statutory expenditure authorizat...