Chris Micheli

Practical Tips for Working with Budget Committee Staff  By Chris Micheli             In talking with both houses’ budget committee staff over the past few weeks, there are some practical tips that were shared with me for those working with these staff members. While some of these recommendations may seem obvious, many of them bear repeating. The following are some of the suggestions shared with me: ·        Timing is important. Make sure you talk with the consultant prior to them finishing their analysis for a budget item. ·        Hearing from an advocate just days before a budget item’s scheduled committee hearing does not leave much opportunity for the consultant to address any concerns. Email seems to be the preferred method of communication for fiscal consultants. ·        As Assembly and Senate committees (and subcommittees) ...

Can a Legislator Re-introduce the Same Bill Next Year?  By Chris Micheli             As we head into the second year of the 2-year California Legislative Session, some legislators may want to re-introduce a bill that did not make it to the Governor’s Desk during this first year. Are there any applicable rules governing this question?             The Joint Rules of the Assembly and Senate contain Joint Rule 54, which is titled “Introduction of Bills.” Subdivision (a) discusses the deadline for bill introductions and exemptions from that deadline. Subdivision (b) concerns when the Assembly and Senate Desks are open and what occurs after the printing of a bill.             Subdivision (c) gives us guidance on reintroduced bills. It states: “ (c) Unless approved by the Committee on Rules of the house of origin, a...

Quiz on Where Areas of Law Are Found in the California Codes  By Chris Micheli             As readers may recall, almost all statutes enacted by the California Legislature are found in one of the 29 Codes (i.e., they are “codified” statutes) that contain over 155,000 sections of state law. Among those provisions, some are found in obvious Codes, but others are found in Codes that may surprise readers.             The following is a sample of statutes that may or may not be located in the obvious Code. Check out the answers at the bottom following the questions: Questions Question # 1 – Eminent Domain Law is found in which Code? The Civil Code or the Code of Civil Procedure? Question # 2 – Alameda-Contra Costa Transit District is found in which Code? The Public Utilities Code or the Streets & Highways Code? Question # 3 – Workers’ Compensation and Insurance L...

Recent Legal Challenges to California Statutes  By Chris Micheli             2025 has been an interesting year for legal challenges against statutes enacted by the California Legislature. While the following list is not exhaustive, this is a good sampling of pending or completed litigation to be aware of: ·        The U.S. Court of Appeals for the Ninth Circuit granted a partial injunction blocking enforcement of the climate-related financial risk disclosure law, SB 261. ·        The U.S. Department of Justice has sued over the state voters’ enactment of Prop. 50 at the November special election. ·        The U.S. Department of Justice has sued over the enactment of the anti-masking bill, SB 627. ·        The California Court of Appeal for the Fifth District upheld a 2023 statute on card-check unioni...

Why California Should Publish Its Bill Drafting Manual  By Chris Micheli             According to the National Conference of State Legislatures (NCSL), about half of the states publish the manual used by their state’s legislative drafting attorneys. California and its Office of Legislative Counsel (OLC) is one of those states that does not. Why do I think our state should publish its bill drafting manual? I believe it would enhance the ability of the state’s judiciary to better interpret statutes. When first reviewing a statute, judges and justices rely upon the plain meaning of the words in the statute. However, when that statute is ambiguous, then our state courts will try to ascertain the intent of the Legislature. And, in my mind, one helpful document to assist the judicial branch in interpreting the statute could be the drafting manual used by the attorneys in the OLC. Why? This manual sets forth the rules that the C...

2025 Letters to the Daily Journals – Senate Bills  By Chris Micheli             With the conclusion of the 2025 California Legislative Session, and the printing of all the Daily Journals for both houses, I have compiled a chart below of legislators’ letters to the Daily Journals in the Senate: Senate Bills         SBx1 – 2 Wiener February 3 45 Budget Act of 2024 SB 19 Rubio Sept. 11 2867 Crimes: threats SB 24 McNerney Sept. 12 2983 Public utilities: review of accounts: electrical and gas corporations: rates: political influence activities SB 53 Wiener Sept. 12 3041 Artificial intelligence models: large developers SB 63 Wiener Sept...

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...