Chris Micheli – Page 192 – California Globe

Legislative Terms Compared

February 4, 2023 8:08 amFebruary 4, 2023 8:12 am

In reviewing the bill drafting manuals of the majority of states that publish them, I have read about some of the terms used in these other states, and the comparable term used in the California Legislature. California calls it a...

More on Drafting Definitions in California Legislation

February 3, 2023 8:06 amFebruary 3, 2023 8:12 am

Definitions found in statutes need to be carefully written and ensure clarity in laws. Definitions are generally provided when a word has several different usages, as well as to avoid repetition of a phrase. There are a number of important...

Defamation Claims in California

February 2, 2023 1:23 pmFebruary 2, 2023 1:27 pm

What are forms of defamation in California? Civil Code Section 44 provides that defamation comes in two forms: libel or slander. In short, libel is written defamation and slander is verbal defamation. Civil Code Section 45 provides that libel is...

Enacting Clauses in Legislation

February 1, 2023 12:24 pmFebruary 1, 2023 2:45 pm

In the states that publish their legislative drafting manuals, each bill requires an “enacting clause.” In those states, the enacting clause more often includes the Legislature, such as the following examples: The enacting clause of each law in Hawaii is:...

Saving v. Grandfathering Clauses

January 31, 2023 7:04 amJanuary 31, 2023 7:09 am

What is the difference between a saving clause and a grandfathering clause? They are both types of transitional provisions found in legislation. A saving clause is generally used to retain an existing right or authority that would otherwise be affected...

California Taxpayers and Their Bill of Rights

January 30, 2023 7:30 amJanuary 30, 2023 7:35 am

Article 3 of Chapter 8 of Part 1 of Division 2 of the California Revenue and Taxation Code provides the Taxpayers’ Bill of Rights and Section 7080 names the act “The Harris-Katz California Taxpayers’ Bill of Rights.” Section 7081 provides...

Are the Following Bills Substantive or Nonsubstantive?

January 30, 2023 7:15 amJanuary 30, 2023 7:16 am

Why and when does the distinction between substantive and nonsubstantive proposed changes to California statutes matter in pending legislation? It matters for the Assembly or Senate Rules Committees to refer a bill to a policy committee. That is because neither...