Why Do Some Bill Declarations Have Specific Statements and Others Do Not?

In the California Legislature, a majority of bills that contain “plus sections,” which are found at the end of a bill’s substantive statutory provisions, make specific their statements or declarations. On the other hand, a few bills contain merely a statement or declaration without any details or explanation that justifies the particular statement or declaration.

The first set of examples (five common ones) contain declarations that use specific citations as well as an explanation of why the particular bill meets the specified purpose. The second set of examples (two common ones) contain mainly a statement or declaration, but could use a specific citation, and perhaps an explanation of why the bill meets the specified purpose. Finally, I have included my suggested revisions to the tax levy and urgency clause provisions for consideration by the Legislature.

Declarations that are specific:

Not a reimbursable mandate: 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.

Bill related to the budget: 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.

Special statute: 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 the City of Murrieta is uniquely on track to meet its regional housing needs allocation and imminently in need of expanding city hall facilities to accommodate the growing demand for community services in connection with rapid population growth. A general statute could unnecessarily undermine existing state housing production goals in jurisdictions that lack imminent need and is consequently inappropriate.

Matter of statewide concern: The Legislature finds and declares that the efficient approval of broadband permit applications is critical to the deployment of broadband services, is a matter of statewide concern, and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.

Gift of public funds disclaimer: The Legislature hereby finds and declares that the exclusion authorized by Section 17144.8 of the Revenue and Taxation Code, as amended by this act, serves the public purpose of conforming with federal tax law for state tax purposes in order to lessen the tax burden on individuals who have their student loans discharged and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.

Declarations that could be written with more specificity:

Current version of a tax levy: This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.

Proposed new version: This act provides for a tax levy within the meaning of Subdivision (c)(3) of Section 8 of Article IV of the California Constitution because it would change the rate of tax for personal income taxpayers, and shall go into immediate effect. [This version cites the specific section of the state Constitution and describes why it is deemed a tax levy.]

Current version of an urgency clause: 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:

Proposed new version: This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of subdivision (d) of Section 8 of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: [This version cites the specific section of the state Constitution.]