Using Letters to the Daily Journals for Determining Legislative Intent

One method to help ascertain the legislative intent behind a specified measure is a letter that is published in the Assembly Daily Journal or the Senate Daily Journal by the bill’s author. These letters, for which there are many each year, may be used by the bill’s author to explain an ambiguity in the bill or explain the purpose of particular changes in the law as done by the bill.

The courts in this state can utilize these letters as extrinsic aids in determining the intent of the Legislature. Different versions of the bill, committee and floor analyses, and other items are generally given greater weight than these letters. Nonetheless, a Journal letter may be the best indicator available regarding the intent of the bill’s author and so they should be consulted.

In an effort to assist those conducting legislative history and intent research, in Fall 2018, I reviewed 23 years’ worth of Assembly Daily Journals and 16 years’ worth of Senate Daily Journals in order to compile these records. Below are the updated for the 2021 California Legislative Session.

The charts below list the bill number, bill author, subject matter of the bill, and page number from the respective Daily Journal where the letter can be found and cited.

2021 Legislative Session – Senate Bills

Bill Number	Author	Date	Page Number	Topic
SB 41	Umberg	Sept. 9	2570	Privacy: genetic testing companies
SB 60	Glazer	Sept. 1	2305	Residential short-term rental ordinances: health or safety infractions: maximum fines
SB 81	Skinner	Sept. 10	2638	Sentencing: dismissal of enhancements
SB 226	Pan	Sept. 7	2427	Medi-Cal: County of Sacramento
SB 311	Hueso	Sept. 10	2641	Compassionate Access to Medical Cannabis Act or Ryan’s Law
SB 343	Allen	Sept. 10	2640	Environmental advertising: recycling symbol: recyclability: products and packaging
SB 378	Gonzalez	Sept. 2	2323	Local government: broadband infrastructure development project permit processing: microtrenching permit processing ordinance
SB 409	Caballero	Sept. 10	2640	Pharmacy practice: testing
SB 423	Stern	Sept. 10	2637	Energy: firm zero-carbon resources
SB 524	Skinner	Sept. 10	2639	Health care coverage: patient steering
SB 538	Rubio	Sept. 10	2629	Domestic violence and gun violence restraining orders
SB 552	Hertzberg	Sept. 9	2559	Drought planning: small water suppliers: nontransient noncommunity water systems

2021 Legislative Session – Assembly Bills

Bill Number	Author	Date	Page Number	Topic
AB 7	Rodriquez	Sept. 7	2805	Emergency ambulance employees: multithreat body protective gear
AB 9	Wood	Sept. 10	3167	Fire safety and prevention: wildfires: fire adapted communities: Office of the State Fire Marshal: community wildfire preparedness and mitigation
AB 70	Salas	Sept. 10	3168	Gene synthesis providers
AB 130	Reyes	July 8	2276	Education finance: education omnibus budget trailer bill
AB 335	Boerner Horvath	Sept. 10	3168	California Consumer Privacy Act of 2018: vessel information
AB 379	Gallagher	Sept. 10	3169	Wildlife conservation
AB 389	Grayson	Sept. 10	3169	Ambulance services
AB 450	Gonzalez	Sept. 10	3170	Paramedic Disciplinary Review Board
AB 457	Santiago	Sept. 10	3170	Protection of Patient Choice in Telehealth Provider Act
AB 680	Burke	Sept. 10	3171	Greenhouse Gas Reduction Fund: California Jobs Plan Act of 2021
AB 707	Quirk	Sept. 10	3172	Mercury Thermostat Collection Act of 2021
AB 824	Bennett	Sept. 7	2805	Local educational agencies: county boards of education: governing boards of school districts: governing bodies of charter schools: pupil members
AB 1094	Arambula	Sept. 10	3172	Sexual orientation and gender identity data collection pilot project
AB 1201	Ting	Sept. 10	3173	Solid waste: products: labeling: compostability and biodegradability

SB 129	Budget	July 15	2346	Budget Act of 2021

Author
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Chris Micheli

Chris Micheli is an attorney and lobbyist with Snodgrass & Micheli, LLC, as well as an Adjunct Professor at McGeorge School of Law.

One thought on “Using Letters to the Daily Journals for Determining Legislative Intent”

w16521 says:

December 8, 2021 at 10:52 am

I see no comments here from the usual close-minded Trumptards.
This kind of stuff is too complicated for their feeble minds to understand.

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