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Eliminating Legalese in California Statutes

The Office of Legislative Counsel is updating California’s statutes

By Chris Micheli, October 6, 2022 3:01 pm

As part of the efforts to update and modernize California’s 29 Codes that contain over 155,000 statutes, the Office of Legislative Counsel is removing “legalese” from those statutory provisions. What do we mean by legalese?

According to the dictionary, legalese is “the formal and technical language of legal documents that is often hard to understand.” What are some examples of legalese? Such; heretofore; aforementioned, etc.

The following are recent examples of the OLC’s efforts to remove legalese from existing statutes. These examples are from bills that have reached the Governor’s Desk during the 2022 Session:

This article shall not be construed to require any such corporation to secure such does not require those corporations to secure that  certificate for an extension within any city or city and county within which it has theretofore  lawfully commenced operations, or  for an extension into territory either within or without a city or city and county contiguous to its street railroad, or  line, plant, or system, and not theretofore  served by a public utility of like character, or for an extension within or to territory already served by it, necessary in the ordinary course of its business. If any public utility, in constructing or extending its line, plant, or system, interferes or is about to interfere with the operation of the line, plant, or system of any other public utility or of the water system of a public agency, already constructed, the commission, on complaint of the public utility or public agency claiming to be injuriously affected, may, after hearing, make such an  order and prescribe such terms and conditions for the location of the lines, plants, or systems affected as to it may seem just and reasonable.

It is unlawful to capture any game mammal, game bird, nongame bird, nongame mammal, or furbearer, or to possess or confine any live game mammal, game bird, nongame bird, nongame mammal, or furbearer taken from the wild, except as provided by this code or regulations made pursuant thereto.  to this code. 

Such a  The  licensed person who is qualified under CLIA may perform clinical laboratory tests.

…including all installment payments required by that article and this section, and any regulations promulgated pursuant thereto.  adopted pursuant to those provisions.

Article 3 (commencing with Section 104555) of Chapter 1 of Part 3 of Division 103 of the Health and Safety Code, including paragraph (2) of subdivision (a) of Section 104557 of the Health and Safety Code, this section, and any regulations promulgated pursuant theretoadopted pursuant to those provisions.

Slowly, but surely, the Office of Legislative Counsel is updating California’s statutes to remove forms of legalese.

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