Chris Micheli – Page 250 – California Globe

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...

Court Writs in California

January 29, 2023 9:06 amJanuary 29, 2023 9:17 am

There are three main writs specified in the California Code of Civil Procedure (CCP), which are the writs of review, mandate, and prohibition. These are contained in Title 1 of Part 3 of the CCP. Chapter 1 of Title 1...

Is It Time for a Federal Tax Conformity Bill in California?

January 28, 2023 3:06 pmJanuary 29, 2023 10:42 am

The tax laws of most states are an off-shoot of the federal tax laws contained in the Internal Revenue Code (IRC). In California, the general rule is that California only conforms to federal law as it was in effect on...

Are Bills with Only Findings and Declarations Considered Substantive?

January 28, 2023 8:48 amJanuary 28, 2023 8:54 am

In the California Legislature, we know that bills that lack proposed substantive law changes are considered “placeholder” measures and generally do not get referred to a policy committee by the Senate or Assembly Rules Committees. In almost all instances, those...