Chris Micheli – Page 277 – California Globe

Unique Provisions of California’s Budget Bill – Part I

October 22, 2022 5:07 pmOctober 22, 2022 5:10 pm

The California state budget is the largest in the nation, and it also represents the largest bill in page length and number of provisions. While its provisions are too many to cover, there are a number of them that are...

Canon of Statutory Construction – ‘In Pari Materia’

October 22, 2022 7:42 amOctober 22, 2022 7:45 am

For purposes of statutory construction, the courts and bill drafters use a series of “canons” to guide them. These include textual canons (intrinsic aids), linguistic presumptions and grammatical conventions, substantive canons, and extrinsic aids. It is impossible to list them...

Is There a Difference Between Vagueness and Ambiguity?

October 21, 2022 2:43 pmOctober 21, 2022 9:05 pm

In the interpretation of a statute, is there a difference between statutory language that is vague or statutory language that is ambiguous? Is there a legal distinction between the two? Some legal commentators and judges draw a distinction between a...

The ‘Sunrise’ Process in the California Legislature

October 21, 2022 6:54 amOctober 21, 2022 9:07 pm

In California, as in a number of other states, there is the so-called “sunrise” process, which is the opposite of a “sunset” (or repeal) process, in the law. When establishing a new regulatory scheme for an occupation or profession, the...

Legislative History and Intent – What Is the Difference?

October 20, 2022 4:26 pmOctober 20, 2022 3:29 pm

Many Capitol observers use the terms “legislative history,” “statutory history,” and “legislative intent” interchangeably. However, these terms generally mean two different things. What are those distinctions among these terms? Legislative history relates to how a bill becomes law, and includes...

How to Draft an Intent Bill

October 20, 2022 11:40 amOctober 20, 2022 1:59 pm

In the California Legislature, an “intent bill” is basically used as a placeholder for a future measure to be amended into the intent bill. Quite often bills introduced in the California Legislature without substantive language in them are called “spot...

The ‘Sunset Review’ Process in the California Legislature

October 19, 2022 4:20 pmOctober 19, 2022 5:12 pm

In the California Legislature, there is a “sunset review” process that is used to evaluate whether a regulatory board or a profession or occupation should continue. This review process is set forth in California law. Government Code Title 2, Division...