Chris Micheli – Page 268 – California Globe

Some Additional Bill Drafting Rules in California

October 16, 2022 8:40 amOctober 16, 2022 8:46 am

When drafting bills in the California Legislature, there are many constitutional, statutory, and rules-based provisions to consider, depending on the type of bill that is being drafted. And, there are certainly some very narrow rules to be aware of when...

Interesting Severability Clause

October 15, 2022 3:17 pmOctober 15, 2022 5:01 pm

In reviewing bills that were pending on the Governor’s Desk at the conclusion of the 2022 Legislative Session, a few bills contain a severability clause. What is the purpose of such a clause? Basically, a severability clause is a statement...

A Different Type of Contingent Enactment Amendment

October 15, 2022 11:46 amOctober 15, 2022 11:49 am

As you may be aware, “contingent enactment language” is found in a bill and is used to effectively connect a bill to another action in order for that bill to become operative. There are several methods such as contingent upon...

Are Legislative Findings in ‘No Place Like Home’ Bills Sufficient?

October 15, 2022 7:16 amOctober 15, 2022 7:32 am

In reviewing recently-passed legislation that proposes amendments to the “No Place Like Home Program,” as enacted by the voters by Prop. 2 in 2018, the same legislative finding and declaration is made in each bill. It is a simplistic statement...

Legislature’s Instructions on Bill Intent and Interpretation

October 14, 2022 6:40 amOctober 14, 2022 6:46 am

On occasion, in California legislation, the reader will find either a statement of legislative intent (e.g., “It is the intent of the Legislature to …) or legislative findings and declarations (e.g., “The legislature finds and declares that …). In other...

Active v. Passive Voice in Legislation

October 13, 2022 3:26 pmOctober 13, 2022 3:33 pm

In California, bill drafters are instructed to use the active voice, rather than the passive voice. This is a change in the historical manner of drafting that previously included lots of passive voice language in state statutes. As a result,...

The Return of Carryover Bills

October 13, 2022 6:29 amOctober 13, 2022 6:36 am

Commonly referred to as “2-year bills,” a “carryover bill” is one that is introduced during the first year (the odd-numbered year) of the 2-year California Legislative Session that can be carried over into the second year (the even-numbered year). Article...