On occasion, a reader may come across a severability or savings clause contained in a California bill. Basically, a severability clause is a statement by the Legislature that, if a part of a law that is enacted is subsequently held...
On occasion, the bill drafter will need to create a new regulatory scheme as legislators intend to regulate a profession or occupation that has not previously been subject to regulation. As a general rule, the intent of regulating a profession...
Pursuant to Article IV, Section 9 of the California Constitution, there is a requirement for each bill to have a title. The constitutional provision states: “A statute shall embrace but one subject, which shall be expressed in its title. If...
California’s Constitution, in Article IV, Section 9, provides “A section of a statute may not be amended unless the section is re-enacted as amended.” What does that mean? According to the courts, the purpose of the constitutional reenactment rule, which...
The following are some additional guidelines for successfully drafting legislation in California: Rules of Punctuation Punctuation is an important part of drafting legislation and the punctuation rules should be used consistently and properly. The bill drafter should know these rules...
On occasion, a California statute in challenged in state or federal court as possibly violating the California or United States Constitutions. What might be the basis for these constitutional challenges of state-enacted statutes? One basis is “vagueness,” which essentially means...
As we have seen over the past decade, California’s Legislature enacted a large number of new labor and employment laws as it concluded its 2020 Legislative Session. The first section of this article looks at some of the key bills...