Chris Micheli – Page 291 – California Globe

Does Legislative Intent Language Trump Statutory Language?

October 12, 2020 6:18 amOctober 12, 2020 11:09 am

As we examine instances where a bill in the California Legislature contains both statutory changes (by amending, adding or repealing code sections) and legislative intent statements (usually in the form of findings and declarations), we expect these two types of...

Are Legislative Findings and Declarations Necessary in Legislation?

October 11, 2020 8:15 amOctober 12, 2020 11:12 am

On occasion, when we review California bills, we come across legislative findings and declarations in these measures. Why are they used and are they necessary? There are basically two schools of thought among bill drafters. But first, what are they?...

Some Differences in Drafting Types of Legislative Measures

October 10, 2020 8:16 amOctober 12, 2020 11:13 am

In California, there are three types of legislative measures: bills, resolutions and constitutional amendments. Each is drafted slightly differently and each has required language. The following provides examples of the required language for each type of measure. Bills Bills create...

The Enrolled Bill Rule in California

October 9, 2020 6:23 amOctober 12, 2020 11:14 am

In general, the judicial branch is loath to review the record keeping practices of the Legislature to determine the validity of statutes. This limitation on judicial inquiry is known as the “Enrolled Bill Rule” and this legal doctrine holds that, if...

Phrases You Might Hear on the Floors of the California Legislature

October 8, 2020 8:33 amOctober 8, 2020 8:48 am

As Capitol observers watch the Floor Sessions of the California State Assembly and State Senate, they may hear some of the following phrases. In determining what these phrases actually mean, we can consult the Legislative Counsel’s Glossary of Terms. “Parliamentary...

Bill To ‘Combat Biodiversity and Climate Crises’ Fails in the Legislature, but Resurrected as Executive Order

October 7, 2020 2:59 pmOctober 8, 2020 4:16 pm

Two bills would have established new land, water, and ocean protection goals, including to protect 30 percent of the state’s land areas and water by 2030. Assembly Bill 3030, by Assembly Member Ash Kalra (D-San Jose), as well as AB...

Retroactivity of California Statutes

October 7, 2020 6:24 amOctober 7, 2020 8:41 am

In California, as in most states, a statute is presumed to operate prospectively. Quarry v. Doe I (2012) 53 Cal.4th 945, 955. In construing statutes, there is a presumption against retroactive application unless the Legislature plainly has directed otherwise by...