Chris Micheli

New Assembly Bill Would Ban NDAs in Legislative Negotiations  By Chris Micheli             On April 18, 2024, Assemblyman Vince Fong amended his AB 2654 to ban the use of nondisclosure agreements (NDAs) in legislative negotiations. The bill would amend the Political Reform Act of 1974 (adopted by the voters as Proposition 9) by adding Government Code Section 86207. Because the bill proposes to amend the Political Reform Act, AB 2654 would need a 2/3 vote in each house of the California Legislature, as well as approval by the Governor, in order to be enacted.             AB 2654 would add language to the Government Code to prohibit specified individuals from entering into or requesting that another party enter into a nondisclosure agreement relating to drafting, negotiating, discussing, or creating legislation. This prohibition would apply to lobbyists, public official...

Frequently Asked Questions about California Bills Having Certain Provisions  By Chris Micheli             Why does an urgency bill include a brief statement following the urgency clause? Because California’s Constitution in Article IV, Section 8(d) provides, in part, the following: “ Urgency statutes are those necessary for immediate preservation of the public peace, health, or safety. A statement of facts constituting the necessity shall be set forth in one section of the bill.” Therefore, an urgency bill must include not only the urgency clause, but also an explanation to justify the urgency of the bill’s provisions.             Why does a bill include only related provisions, rather than a hodgepodge of unrelated provisions like a bill in Congress? Because Article IV, Section 9 provides, in part, the following: “A statute shall embrace but one subject, which shall ...

Frequently Asked Questions about Legislative Review of State Agencies  By Chris Micheli Does the California Legislature review executive branch state agencies? Actually, the California Legislature is required to review state agencies and their work.   Where is this requirement found? It is pursuant to Government Code Title 2 (Government of the State of California), Division 2 (Legislative Department), Part 1 (Legislature), Chapter 1.5 (General), Article 8.5, which is titled “Legislative Review of State Boards” and contains Sections 9148.50 to 9148.52.   What is the intent behind Article 8.5? Gov’t Code Section 9148.50 contains three legislative findings and declarations including that California’s government structure  “ contains more than 400 categories of administrative or regulatory boards, commissions, committees, councils, associations, and authorities.”   In addition, there is not “any method of periodically reviewing their necessity, effe...

Frequently Asked Questions about OAL’s Disapproval Process for Regulations  By Chris Micheli             Is OAL required to review regulations? Yes, the Office of Administrative Law (OAL) is charged with reviewing all proposed regulations by California’s executive branch administrative agencies and departments. Where is this requirement on OAL found in the law? This review process is set forth in Government Code Sections 11349 to 11349.6. What is OAL required to do? OAL is required to either approve a regulation or disapprove it, which must occur within 30 working days after the regulation has been submitted to the OAL for review.             What happens if OAL approves the regulation? If the proposed regulation is approved, then OAL transmits the approved regulation to the Secretary of State for filing. What happens if OAL does not act within 30 days? If OA...

Frequently Asked Questions about of OAL’s Standards of Review for Regulations  By Chris Micheli Does state law dictate how OAL reviews proposed regulations? Yes, when the Office of Administrative Law (OAL) reviews regulations, its review is dictated by the California Administrative Procedure Act (APA) in the California Government Code. What does state law provide? The APA sets forth six standards by which OAL determines whether a regulation was properly adopted (i.e., whether the rulemaking entity followed the procedural requirements of the APA). What is the authority standard? The Authority Standard is basically reviewing whether the proposed regulation states the provision of law which authorizes or requires the proposed regulation. What is the reference standard? The Reference Standard is basically reviewing whether the proposed regulation cites the law which is being implemented or interpreted. How are these first two standards viewed by OAL? According to OAL, co...

Frequently Asked Questions about Other Constitutional Provisions and the Legislature  By Chris Micheli Most of the provisions of the California Constitution concerning the Legislature are found in Article IV, Sections 1 thru 28. Nonetheless, there are a number of provisions found in other articles of the state Constitution affecting the duties and powers of the Legislature. What powers does the Legislature have regarding election laws? Article II authorizes the Legislature to define residence and provide registration and elections laws and must prohibit improper practices that affect elections. The Legislature also provides for recall of local officers. What powers does the Legislative have regarding education? Article IX states that the Legislature prescribes the qualifications required for county school superintendents, as well as appointment or election of the county boards of education. Also, the Legislature has the power to provide for organizing school districts, high...

Frequently Asked Questions about Joint Rule 10.5 and California Fiscal Bills  By Chris Micheli What does Joint Rule 10.5 of the California Legislature’s Joint Rules provide? JR 10.5 specifies guidance to the Office of Legislative Counsel (OLC) when determining whether a bill should be “keyed” as a fiscal bill. The “keying” of a bill is done by the drafting attorneys at OLC. What happens if a bill is keyed fiscal? If the OLC determines that a bill is “fiscal,” then the measure will be re-referred to the Appropriations Committee in each house. What happens if a bill is not keyed fiscal? If the OLC determines that a bill is not fiscal, then the measure will be sent only to a policy committee(s) for hearing (unless the Appropriations Committee requests from the Rules Committee and receives the bill). What is the text of Joint Rule 10.5? JR 10.5 states in full: Rereferral to Fiscal and Rules Committees 10.5.A bill shall be rereferred to the fiscal committee of each house...