Frequently Asked Questions about Drafting Rules for Specific Types of Bills

How many main requirements are there for an appropriations bill? There are three major requirements for drafting bills that make an appropriation of funds.

What is the first requirement for drafting an appropriation bill? In the Relating Clause, the following language must be included: “and making an appropriation therefor.”

What is the second requirement for drafting an appropriation bill? In the Legislative Counsel’s Digest, language similar to the following must be included (there needs to be a clear statement in the Digest that the bill contains an appropriation): The bill would appropriate __ (sum of money) from __ (identify source of funds) to the __ (identify recipient fund) for the purpose of __ (specify use of the funds).

What is the third requirement for drafting an appropriation bill? The following Digest Keys will read: Appropriation: yes   Fiscal committee: yes

What are the required statements that are used in an appropriation bill? Consistent with the California Constitution, three statements need to be included in the actual statutory language.

What are the required statements in an appropriation bill? First, expenditure authority is being given to a state officer (this could be a program instead of an agency or state entity). Second, there is an ascertainable amount of funding (this usually includes where the money is coming from). Third, the funds are being appropriated for a particular purpose (this usually includes where the money is going).

How many main requirements are there for an urgency bill? There are four major requirements when drafting an urgency bill.

What is the first requirement for drafting an urgency bill? In the Relating Clause, the following language will be included: “and declaring the urgency thereof, to take effect immediately.”

What is the second requirement for drafting an urgency bill? In the Legislative Counsel’s Digest, the following language will be used, typically at the end of the Digest: “This bill would declare that it is to take effect immediately as an urgency statute.”

What is the third requirement for drafting an urgency bill? The vote key after the Digest will read: Vote: 2/3 (in most instances; otherwise, it will be majority).

What is the fourth requirement for drafting an urgency bill? There will be a standalone section at the end of the bill (which is called a “plus” section).

What is the standard plus section language used in an urgency bill? It must include the following language:

“This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to __ (specify the urgency) as quickly as possible, it is necessary for this act to take effect immediately.”

How many main requirements are there for a special statute bill? There are two main requirements for drafting a bill that proposes a special, rather than a general, statute.

What is the first requirement for drafting a special statute bill? In the Legislative Counsel’s Digest, the following language is included:

“This bill would make legislative findings and declarations as to the necessity of a special statute for __ (a short description).

What is the second requirement for drafting a special statute bill? There will be a standalone section at the end of the bill (which is called a “plus” section) that includes specified language.

What is the standard plus section language used in a special statute bill? It must include similar language to the following:

“The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances __ (described the unique nature and need for the bill).”

How many main requirements are there for a state-mandated local program bill? There are four major requirements (two included in the Digest) for drafting a bill that creates a state-mandated local program (SMLP):

What is the first requirement for drafting a SMLP bill? In the Legislative Counsel Digest, it is made clear that the state-mandated local program is related to the context in which the program is mandated. For example, the reader may see language such as: “By requiring local governments to do __ (specify the activity), this bill would impose a state-mandated local program.” Similar language that might be read could be: “By expanding the crime of __ (specify the type of crime), this bill would impose a state-mandated local program.”

What is the second requirement for drafting a SMLP bill? Also in the Digest, language similar to the following is included:

“The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

“This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.”

Is this standard the same for all SMLP bills? No, this language is not always the same because it is dependent upon whether the state-mandated local program is reimbursable. The language set forth above is default reimbursement language. However, there is other form language used depending on the type of program.

What is the third requirement for drafting a SMLP bill? These Digest keys will read: Fiscal committee: yes Local program: yes

What is the fourth requirement for drafting a SMLP bill? There will be a standalone section at the end of the bill (which is called a “plus” section).

What is the standard plus section language used in a SMLP bill? It must include similar language to the following:

 “If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.”

How many main requirements are there for a tax levy bill? There are five major requirements for drafting a bill that is a tax levy.

What is the first requirement for drafting a tax levy bill? In the Relating Clause, the following language will be included: “to take effect immediately, tax levy.”

What is the second requirement for drafting a tax levy bill? In the Legislative Counsel Digest, the following language will be used, typically at the end of the Digest: “This bill would take effect immediately as a tax levy.”

What is the third requirement for drafting a tax levy bill? These Digest keys will read: Vote: majority or 2/3 Fiscal committee: yes

What is the fourth requirement for drafting a tax levy bill? If the bill creates a new tax expenditure program, there will be a standalone section at the end of the bill (which is called a “plus” section) that includes similar language to the following: “It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code by __ (describing the goals and evaluation criteria for this new tax expenditure program).

What is the fifth requirement for drafting a tax levy bill? There will be a standalone section at the end of the bill (which is called a “plus” section).

What is the standard plus section language used in a tax levy bill? It includes the following language: “This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.”

How many main requirements are there for double-jointing language in a bill? There are three major requirements for drafting a bill that requires double-jointing amendments (more commonly – and incorrectly – referred to as “chaptering-out amendments”):

What is the first requirement for drafting double-jointing amendments? In the Legislative Counsel’s Digest, similar language to the following will be used, typically at the end of the Digest: “This bill would incorporate additional changes to Section 2783 of the Labor Code proposed by AB 1506 to be operative only if this bill and AB 1506 are enacted and this bill is enacted last.”

What is the second requirement for drafting a tax levy bill? In the text of the bill, there will be a .5 (called a “point five”) section that combines the changes to a code section that are found in the two bills that have different language to the same code section.

What is the third requirement for drafting a tax levy bill? There will be a standalone section at the end of the bill (which is called a “plus” section).

What is the standard plus section language used in double-jointing amendments? They will include similar language to the following: “Section 4.5 of this bill incorporates amendments to Section 2783 of the Labor Code proposed by both this bill and Assembly Bill 1506. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, (2) each bill amends Section 2783 of the Labor Code, and (3) this bill is enacted after Assembly Bill 1506, in which case Section 4 of this bill shall not become operative.”

Is this standard language always the same for double-jointing amendments? No, this language is not always the same because it is dependent upon specific circumstances. The language set forth above is default double-jointing language. For example, there could be multiple code sections and multiple bills requiring more than one double-jointing amendment in bills.