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Amending, Repealing, and Adding the Same Code Section?

The bill must first amend the section to add a repeal date

By Chris Micheli, April 4, 2022 6:31 am

Why would the California Legislature need to amend, repeal, and add the same code section in a single bill? And how is that done?

There are times when the Legislature desires to sunset or repeal a code section and re-enact that same code section with changes. In order to do so, the bill must first amend the section to add a repeal date. Second, the section is repealed by a specified date. Third, the bill adds the code section (with changes) on the same day that the prior version of that code section was repealed.

The following is an example from a recently-introduced bill in the 2022 Session:

SECTION 1.

Section 100060.2 of the Public Utilities Code is amended to read:

100060.2.

(a) Except as otherwise provided, the term of office for each director shall be two years and until the appointment and qualification of his or her their successor. A successor shall be appointed not later than 30 days immediately upon the expiration of a director’s term. A vacancy exists whenever a director ceases to hold office on the city council or board of supervisors from which he or she was they were appointed. Any vacancy shall, within 60 days of its occurrence, be filled for the balance of the term by the body that made the original appointment.

(b) This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.

SEC. 2.

Section 100060.2 is added to the Public Utilities Code, to read:

100060.2.

(a) Except as otherwise provided, the term of office for each director shall be four years and until the appointment and qualification of their successor. A successor shall be appointed not later than 30 days immediately upon the expiration of a director’s term. A vacancy exists whenever a director ceases to hold office on the city council or board of supervisors from which they were appointed. Any vacancy shall, within 60 days of its occurrence, be filled for the balance of the term by the body that made the original appointment.

(b) This section shall become operative on July 1, 2023.

Although this type of bill may sound unique because it repeals and adds back the same code section, these types of enactments do take place several times per year. While a new code section with a different number could be added, this approach is taken to ensure continuity and ease of reference for those familiar with the existing code section.

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