Chris Micheli

Should adding an urgency clause be a ministerial act?  By Chris Micheli California’s Constitution in Article IV, Section 8 deals with urgency statutes. Section 8(c)(3) provides that urgency clause bills go into effect immediately upon their enactment. That is the distinction between a regular bill and an urgency clause bill. A regular bill takes effect on the following January 1 following enactment, while an urgency bill takes effect immediately upon enactment. In addition, an urgency clause bill is not subject to the usual calendar deadlines contained in the Joint Rules and is not subject to a referendum. An author can introduce a bill with an urgency clause if appropriate. What determines an urgency? Section 8(d) of Article IV specifies that “urgency statutes are those necessary for immediate preservation of the public peace, health, or safety.” In addition, the following types of bills cannot contain an urgency clause: “that create or abolish any office or change the salar...

Going Past Midnight on the Last Day of Session  By Chris Micheli             Can the Legislature continue meeting past midnight on Friday, September 12, 2025? If so, how does it do that? Joint Rule 51 deals with the Legislative Calendar and establishes the start of the Interim Recess and Joint Rule 61 deals with Deadlines including the date to adjourn in the first year of Session.             When the California Legislature adjourns its 2025 Session, it is not “adjournment sine die .” Instead, that will occur after the conclusion of the second year of the biennium session on November 30, 2026. There is a distinction between adjournment and adjournment sine die .             According to the Legislative Counsel’s Glossary of Terms, adjournment means the termination of a meeting, occurring at the close of each legis...

How a Nominal Appropriation Can Make a Budget Trailer Bill  By Chris Micheli             When we think of the bills included in a budget deal, we think about the Budget Bill, two or three Budget Bills Junior, and multiple budget trailer bills. How are they all intertwined and how much appropriating needs to take place in these bills?             First, what does the law say? The California Constitution, in Article IV, Section 12(e), provides:   (e) (1) Notwithstanding any other provision of law or of this Constitution, the budget bill and other bills providing for appropriations related to the budget bill may be passed in each house by rollcall vote entered in the journal, a majority of the membership concurring, to take effect immediately upon being signed by the Governor or upon a date specified in the legislation. Nothing in this subdivision shall ...

  Clarification on AB 130/SB 131 Perceived PRC Section Conflict  By Chris Micheli             Several have been consumed by the fact that Public Resources Code Section 21080.44 exists twice currently. There appears to be two of the same sections, but with different language. One was added by AB 130 and one added by SB 131. Both of these bills were budget trailer bills earlier in the 2025 Session and both were signed by Governor Newsom on June 30 and took effect immediately as bills relating to the Budget.             If a reader reviews these two provisions of the Public Resources Code online, there is at the bottom of each section the following:   Added by Stats. 2025, Ch. 22, Sec. 58. (AB 130) Effective June 30, 2025. See same-numbered section added by Stats. 2025, Ch. 24 or Added by Stats. 2025, Ch. 24, Sec. 8. (SB 131) Effective June 30, 2025. See sam...

The “30 Days in Print” Rule  By Chris Micheli             What is the so-called “30 days in print” rule in the California Legislature? The state Constitution, in Article IV, Section 8(a) provides: “(a) At regular sessions no bill other than the budget bill may be heard or acted on by committee or either house until the 31st day after the bill is introduced unless the house dispenses with this requirement by rollcall vote entered in the journal, three fourths of the membership concurring.”             Both houses of the Legislature carefully track compliance with this constitutional rule. In fact, both Daily Files contain an entire section throughout the year (well past the bill introduction deadline and the expiration of the 30 days).             The Senate Daily File has the following section, followed by t...

Comparing the Number of Lobbyists to Legislators  By Chris Micheli             Having wondered about this topic as a legislative geek, I did some quick research about the number of lobbyists compared to legislators in a number of jurisdictions. First, I looked at those at the federal and international levels. Then I turned to other states that had readily accessible information. And then I compared them to California.             The following are the results: European Union 720 legislators 12,425 registered lobbyists in 2022 Roughly 17:1 ratio of lobbyist to legislator US Congress 535 legislators 13,037 registered lobbyists in 2024 Roughly 24:1 ratio of lobbyist to legislator New York 213 legislators 6,113 registered lobbyists in 2024 Roughly 29:1 ratio of lobbyist to legislator Massachusetts 200 legislators 1,500 registered lobbyists in 2...

Thoughts on the Lawsuit Against Prop. 50  By Chris Micheli As I have been asked about my thoughts regarding the legislative process challenges to the redistricting legislative package, I prepared this brief article in response. Being the legislative geek that I am, as well as teaching the course “Lawmaking in California” for the past decade at my law school alma mater, this is a fascinating case study. As many are aware, on Monday, August 25, a lawsuit was filed in the California Supreme Court by several legislators and voters. There are the four central arguments presented in this writ petition (along with my short response): (1)    One ballot measure cannot lawfully pose a question on two separate subjects. I believe there is only one amendment proposed to the Constitution by ACA 8. The first statement is one of the People’s intent or wishes. (2)    The state Constitution currently vests exclusive authority to engage in the redistricting process in the...