Chris Micheli

Disapproval v. Withdrawal of Regulations  By Chris Micheli What is a disapproval of a regulation? What is the withdrawal of a regulation? What roles do these two procedures play in the California rulemaking process? The Office of Administrative Law (OAL) can either approve a rulemaking package or they can disapprove it. OAL is required to use six statutory standards of review found in the California Administrative Procedure Act (APA), which is contained in the state's Government Code. If one of California’s over 200 rulemaking entities does not comply with one or more of those six standards, then OAL notifies the rulemaking entity that it is facing a disapproval (i.e., a rejection of the submitted rulemaking). At that time, the rulemaking entity (an agency, department, board, commission, or bureau) may choose to accept the disapproval and make required changes, or withdraw the proposed rulemaking from OAL to fix it. The withdrawal gives the rulemaking entity an opportu...

Insights on Legislative and Regulatory Processes and Lobbying  By Chris Micheli I have often discussed the legislative and regulatory processes, as well as lobbying in both arenas, and have mentioned that I think there are a number of similarities (and differences, of course) between the processes and lobbying in these two areas. What do I mean? Let’s take a look at a few: First, in terms of lobbying at its most basic level, there are both similarities and differences between regulatory and legislative lobbying. But my view of the two is: ·        Legislative lobbying is advocating for or against a bill in the legislative branch. ·        Regulatory lobbying is advocating for or against a regulation in the executive branch. Yes, the processes and players are different, but the general concepts are the same. Second, there are some interesting parallels between the two processes from my perspective. What are some...

Introduction to Statutory Interpretation in California  By Chris Micheli             What is statutory interpretation or statutory construction? They are essentially the same thing. Both terms refer to how the judicial branch (i.e., the courts of this state) interprets statutes, which are enacted by bills (through the legislative process) or by statutory initiatives (through the adoption of ballot initiatives by the state’s voters). These same principles of statutory construction or interpretation are used for laws enacted by the People or by the Legislature.             Why is it important to have a basic understanding of how laws are interpreted by the courts in California? Understanding how the courts interpret statutes (and regulations and constitutional amendments) is important to anyone who works with these bodies of law. Costly and time-consuming litigation can o...

An Orientation to California State Government for Lobby Day Attendees  By Chris Micheli             What should your lobby day participants know about California government before they embark on their lobby day at the State Capitol in Sacramento? This article sets forth those key items for them to get acquainted with regarding the Legislature and the legislative process. Branches of State Government Like the federal government, California has three branches of government: Legislative (comprised of the Senate and Assembly), executive (headed by the Governor and the other 8 constitutional offices), and judicial (headed by the Supreme Court). The three branches are set forth in Articles 4, 5, and 6 of the California Constitution. Hierarchy of Laws Like at the federal level, California has the following bodies of law in this order of superiority:             Constit...

Bills That Became Law Without the Governor’s Signature  By Chris Micheli In California, the Governor has three options when a bill reaches the Governor’s Desk: sign the bill (and it becomes a statute), veto the bill (and the bill does not become law, unless the Legislature overrides the veto), or allow the bill to become law without his or her signature. These three options are set forth in the California Constitution, in Article IV, Sections 10(a) and (b). Those relevant subdivisions of Section 10 are set forth below:   (a) Each bill passed by the Legislature shall be presented to the Governor. It becomes a statute if it is signed by the Governor. The Governor may veto it by returning it with any objections to the house of origin, which shall enter the objections in the journal and proceed to reconsider it. If each house then passes the bill by rollcall vote entered in the journal, two-thirds of the membership concurring, it becomes a statute. (b) (1)...

An Orientation to the California State Capitol and Swing Space for Lobby Day Attendees  By Chris Micheli             This article is intended to provide an orientation to the California State Capitol and its accompanying Swing Space for individuals participating in a lobby day.   The State Capitol The California State Capitol is the seat of state government, located in Sacramento. The building houses the chambers of the State Legislature, which is comprised of the Assembly and the Senate, We often refer to this building as the historic side of the Capitol. The first floor holds the original offices of California’s Governor (actually a 3-room suite), two offices of the Treasurer, Attorney General, and Secretary of State. There is also a State Library exhibit room and a State Archives exhibit room. The Senate has two hearing rooms on the first floor – 112 and 113. There is a small meeting room as well. The Asse...