Chris Micheli – Page 285 – California Globe

Effective Dates of California Regulations

November 9, 2022 4:20 pmNovember 9, 2022 4:33 pm

We know that, absent bills that take effect immediately, new statutes in California take effective on January 1, following their enactment the previous year. But, when do regulations take effect in this state? Government Code Section 11343.4, which is part...

A Few Unique Aspects of California Legislation

November 8, 2022 12:48 pmNovember 8, 2022 1:39 pm

For those involved in the California legislative process, they may be familiar with several unique provisions of California legislation. Some of the main ones to be familiar with include the following: Urgency Clause Statements – When an urgency clause is...

Examples of Proper Legislative Drafting Principles

November 1, 2022 10:37 amNovember 1, 2022 10:41 am

As the 2021-22 Legislative Session has concluded, and in reviewing the bills pending on the Governor’s Desk, there are numerous examples in both signed and vetoed bills that showcase some of the modern legislative drafting principles. The following are some...

Drafting Sunset Clauses in California Legislation

October 31, 2022 3:33 pmOctober 31, 2022 3:55 pm

Sunset dates are common in legislation across the country. The purpose is to repeal a law on a specified date. As a result, unless the Legislature enacts another bill to either extend or eliminate the sunset date, the law will...

Additional Rules on Drafting California Tax Legislation

October 31, 2022 6:41 amOctober 31, 2022 6:50 am

The drafting of bills that would add, amend, or repeal sections of the California Revenue and Taxation Code (CRTC) require special attention to a number of provisions. Whether they are technical or mechanical or substantive in nature, drafting tax bills...

Judges Should Better Appreciate the Legislative Process and Bill Drafting Principles

October 30, 2022 3:30 pmOctober 30, 2022 2:54 pm

When drafting and amending legislation, proponents (and opponents) always keep in mind the statutory analysis principles used by the judicial branch of government when interpreting statutes. And, of course, the attorneys in California’s Office of Legislative Counsel do as well...

Canon of Statutory Construction – Constitutional Avoidance

October 30, 2022 9:20 amOctober 30, 2022 9:22 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...