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What Is the Order of ‘Plus’ Sections in Bills?

There are one or more sections at the end of a bill that provide specific provisions which are ‘uncodified’

By Chris Micheli, March 28, 2022 6:35 am

In many instances involving California legislation, there are one or more sections at the end of a bill that provide specific provisions which are “uncodified,” which means they are a part of the bill, but not placed into statute (and do not appear in the Codes which contains all of the state’s codified statutes). These uncodified sections at the end of bills are called “plus” sections.

And, there is generally an order of these “plus” sections. That order is as follows, along with an example of the particular section:

Double-Jointing

This section is used to address when one bill could “chapter out” the language of a bill that amends the same code section and may get enacted before. The following is an example:

Section 2.5 of this bill incorporates amendments to Section 11106 of the Penal Code proposed by both this bill and Senate Bill 715. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 11106 of the Penal Code, and (3) this bill is enacted after Senate Bill 715, in which case Section 11106 of the Penal Code, as amended by Section 2 of this bill, shall remain operative only until the operative date of Senate Bill 715, at which time Section 2.5 of this bill shall become operative.

Contingent Enactment

This section is used to make the bill contingent upon the enactment of another bill. The following is an example:

Sections 16 and 17 of this act shall become operative only if Assembly Bill 136 of the 2021–2022 Regular Session is enacted and becomes effective.

Severability

This section is used to protect other provisions of a bill if another provision is found to be invalid or voided by a court. The following is an example:

The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

No Appropriation

This section is for an appropriation that would otherwise be made pursuant to the Welfare and Institutions Code. The following is an example:

No appropriation pursuant to Section ___ of the Welfare and Institutions Code shall be made for purposes of implementing this act.

Appropriation

This section is used to appropriate monies from either the General Fund or a special fund. The following is an example:

Five million dollars ($5,000,000) is hereby appropriated from the General Fund to augment Schedule (1) of Item 7730-001-0001 of the 2020 Budget Act for the Franchise Tax Board to be allocated to existing California Earned Income Tax Credit outreach contracts to provide increased awareness of the Golden State Stimulus. To provide timely distribution of funds for Golden State Stimulus awareness, the Franchise Tax Board, and its administrative partner, the Department of Community Services and Development are exempt from all provisions of state contracting law governing the amendment of contracts. Furthermore, funds for Golden State Stimulus outreach shall be distributed

Section 2230 Waiver

This section is used when a bill exempts property from the sales/use tax and the Legislature does not want to reimburse local governments for the lost sales/use tax. The following is an example:

Notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made by this act for purposes of Section 2230 of the Revenue and Taxation Code and the state shall not reimburse any local agency for any sales and use tax revenues lost by it as a result of the amendments to Sections 6369.9 and 6369.10 of the Revenue and Taxation Code made by this act as required by Section 2230 of the Revenue and Taxation Code.

Section 41 Findings

This section is used to comply with Revenue and Taxation Code Section 41 to make legislative findings and declarations, and specify performance metrics to be used to evaluate the tax expenditure’s effectiveness. The following is an example:

(a) For purposes of complying with Section 41 of the Revenue and Taxation Code, the purpose of the small business hiring credits allowed by Sections 6902.9, 17053.71, and 23628 of the Revenue and Taxation Code, as added by this act (hereafter “the credits” for purposes of this section), is to provide financial relief for the economic disruptions resulting from COVID-19 that have resulted in unprecedented job losses.

(b) To measure if the credits achieve their intended purpose, the following performance indicators shall be used:

Public Funds Disclaimer

This section is used to specify that a retroactive payment or tax law change does not constitute a gift of public funds. The following is an example:

The COVID-19 emergency has had a significant and disproportionate negative impact on the financial health of many low- and middle-income Californians. Furthermore, the COVID-19 emergency has caused many low- and middle-income families to face the loss of jobs, loss of income, increased costs, and increased risks to their personal health and safety. The Legislature hereby finds and declares that the payments authorized by Section 8150.2 of the Welfare and Institutions Code serve the public purpose of providing financial relief for low- and middle-income Californians who may have been adversely impacted by the economic disruptions resulting from the COVID-19 emergency, and do not constitute gifts of public funds within the meaning of Section 6 of Article XVI of the California Constitution.

Reimbursement Mandate

This section disclaims any reimbursement to local agencies when a bill would create a new crime. The following is an example:

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

2011 Realignment Legislation

This section is used when local agencies are required to implement new programs or expanded levels of service beyond those impose as part of the 2011 Realignment legislation. The following is an example:

To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.

Furthering the Purposes of a Ballot Measure

This section is used when a bill amends a statutory initiative adopted by the voters that is permitted by the ballot measure. The following is an example:

The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.

Public Right of Access Disclaimer

This section is used when a bill limits the public’s right of access to local or state government meeting or public writings. The following is an example:

The Legislature finds and declares that Section 2 of this act, which adds Section 502 of the Business and Professions Code, and Section 17 of this act, which adds Section 103871.1 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

Special Statute

This section is used when a general statute will not suffice and a special statute is required instead. The following is an example:

The Legislature finds and declares that, with respect to the amendments to Section 54234 of the Government Code made by Section 3 of this act, 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 relating to the Metro North Hollywood Light Joint Development Project in the County of Los Angeles.

Urgency Clause

This section is used when an urgency clause statute is required. The following is an example:

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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:

Bill Related to Budget Bill

This section is used for any budget trailer bills. The following is an example:

This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.

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