Automatic Repeal of Reporting Requirements in California Bills

In reviewing bill language, a reader may come across a measure that requires a report to be submitted by a state agency. The following example contains language commonly found in statute:

A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795. Pursuant to Section 10231.5, this section is repealed on January 1, 2027.

Government Code Section 9795 concerns “Reports to the Legislature” and was enacted in 1996. It specifies that any reports that are required or requested by a state or local agency to the Legislature must be submitted to the Secretary of the Senate and Chief Clerk of the Assembly, as well as to the Legislative Counsel. Section 9795 also contains requirements to be met by these reports, which includes studies or audits.

Government Code Section 10231.5, which was enacted in 2010, contains two key requirements. The first is that a bill that would require a state agency to submit a report on any subject to the Legislature must include a provision that repeals the reporting requirement, or makes the requirement inoperative, no later than a date four years following the date upon which the bill becomes operative or four years after the due date of any report required every four or more years.

The second is that the Office of Legislative Counsel, in drafting a bill for introduction or an amendment to a bill that would impose a reporting requirement must include a provision that repeals the reporting requirement, or makes the reporting requirement inoperative, four years after the date on which the requirement becomes operative, unless the person requesting the bill or amendment directs the Legislative Counsel to do otherwise.

As a result of Section 10231.5, a statute’s reporting requirement must sunset, or be repealed, four years after the reporting requirement takes effect. Therefore, bills must contain language similar to the above example that, “Pursuant to Section 10231.5, this section is repealed on ___.”