Chris Micheli

Practical Tips for Working with Office of Legislative Counsel  By Chris Micheli             In talking with former staff of the Office of Legislative Counsel (OLC) over the years, there are some practical tips that were shared with me for those working with the attorneys at the OLC. While some of these recommendations may seem obvious, many of them bear repeating.             First, a little background:  OLC consists of three branches. The largest branch is the Drafting branch, which is the primary work product of the office. There is also an Opinions branch that produces confidential opinions for the office’s clients. These opinions, which may be written or oral, resemble the format of the Attorney General’s opinions. Opinions are distinguished from consultations, which are the informal conclusions of a single deputy rather than the formal position of the office. The third branch is the Legislative Services branch, which provides general counsel services to the two houses of the L

Questions to Ask When Reading a California Bill  By Chris Micheli             While there are several tips for reading and understanding what a bill in the California Legislature proposes to do, the key is to review the main sections of the bill which contain the substantive changes in the law. There are four main tips to reading a bill. The following questions are the ones to ask yourself: First, what is the bill proposing to do? California bills can add a new section of law, amend an existing section, or repeal an existing section. All bills clearly tell their readers what the bill proposes to do. The following is an example of this provision in a bill, which  is called the Title:   An act to add Section 11403.5 to the Welfare and Institutions Code, relating to foster care.             The reader is told three things in this initial section of the bill: a new section of law is being added; the new section will be added in the Welfare & Institutions Code; and, the topic

Frequently Asked Questions about Legislative Delegation of Authority in California  By Chris Micheli Is the legislative branch of government the only branch to make laws? No, the executive branch state agencies and departments that administer the law need to engage in rulemaking activities, which are quasi-legislative in nature. By what authority does the executive branch engage in lawmaking? Although there is some implied authority, generally there is some delegation of legislative power to the executive branch of either the federal or state levels of government. What is the main rule for the delegation of authority? Generally, when this authority is delegated to state agencies, the Legislature will articulate guidance in the use of that authority by the state agency. Is there a limit on how much authority can be delegated? Yes, when the courts deem it too much, it is called an improper or unlawful delegation of legislative power or authority. What is the general rule fo

How a Bill Becomes Law in California  By Chris Micheli For those not fully acquainted with the California legislative process, new laws (called statutes) are enacted by the California Legislature as bills (and signed by the Governor to become statutes). The Legislature can also amend or repeal existing statutes. Pursuant to Article IV, “the Legislature may make no law except by statute, and enact no statute except by bill.” Whether a statute is added, amended or repealed, that process must be done by a bill being passed by the Legislature and signed by the Governor (unless he or she allows it to become law without a signature). According to the California Legislature, “the process of government by which bills are considered and laws enacted is commonly referred to as the legislative process.” A bill must be approved by both houses of the Legislature before it is sent to the Governor for final action. As a bicameral body, the Legislature is composed of the 80-member Assembly and t

Frequently Asked Questions about California’s Electoral System  By Chris Micheli How many statewide officers are there? In California state government, there are nine constitutional offices elected statewide. Are there term limits for constitutional officers? Yes, they are limited to serving a maximum of two 4-year terms in each office. How many seats are in the Legislature? There are 80 Assembly Members and 40 Senators for a total of 120 legislative seats. Are there term limits for legislative seats? Yes, the total that can be served is 12 years in either house or a combination, for a total lifetime limit of twelve years. How often do legislators run for office? Assembly Members have to run for re-election every two years and State Senators have to run for re-election every four years. How can an individual become a superior court judge? There are two ways to be a superior court judge in this state, either through appointment by the Governor or run for the office. H

Frequently Asked Questions about California’s Budget Process  By Chris Micheli             What are the main parts of the California state budget? They are the Budget Bill, Budget Bill Junior, Trailer Bills, and Supplemental Reports.             What is the Budget Bill? This bill contains the appropriations and “Budget Bill Language”. Note that only a Budget Bill (or BBJ) can contain multiple appropriations. It requires a majority vote for passage and the bill takes effect immediately. There is just one Budget Bill. What is the “Budget Bill Jr.”? This is the bill that amends the main Budget Bill by making changes to multiple appropriations. There are often multiple BBJs. What is a Trailer Bill? This bill makes the statutory changes needed to implement the budget. It is the same as any other bill, but it takes effect immediately with a majority vote if it contains an appropriation related to the budget bill and is listed as a “trailer bill” in the Budget Bill. What is a Su

Frequently Asked Questions about California’s Other Constitutional Officers  By Chris Micheli How are California’s constitutional officers elected? They are elected by the statewide voters. How many constitutional officers are there? There are a total of nine constitutional offices. Which two constitutional officers are usually gubernatorial appointees in other states? The two offices that are normally appointees of a governor in most other states are the Superintendent of Public Instruction and Insurance Commissioner. Does any constitutional office contain more than one official? Yes, even though there are four members of the Board of Equalization, they are described here as one statewide office. When are statewide officials elected? All of these constitutional offices are subject to election every four years at the same time as the governor is on the statewide ballot. When do constitutional officers take their oath of office? They take office on the first Monday fol