Frequently Asked Questions about Retroactive v. Prospective Legislation

What is the general rule for the application of a newly added or amended statute? In most instances, legislation applies prospectively, meaning after the law has been enacted and takes effect.

What does a retroactive bill or retroactive statutory language look like? The following is an example of language that a bill is intended to apply retroactively:

“The requirement to provide COVID-19 supplemental paid sick leave as set forth in this section shall take effect 10 days after the date of enactment of this section, at which time the requirements shall apply retroactively to January 1, 2021.”

What does legislative intent language regarding retroactive application look like? The following is an example of language where the Legislature states its intent that a court apply the statute retroactively:

“It is the intent of the Legislature that a court interpret this section, as amended by the act adding this subdivision, in a manner consistent with the interpretation of this section as it read prior to January 1, 2013.”

Does the Legislature attempt to make a bill entirely prospective? Yes, the following is an example of language that a bill is not intended to apply retroactively:

“The amendments to this section made by Senate Bill No. 284 of the 2021–22 Regular Session (SB 284), shall not apply retroactively to injuries occurring before January 1, 2022.”

Does the Legislature attempt to make a bill retroactive and overturn a court decision? Yes, the following is an example of language that a bill intended to have retroactive application and to overturn an earlier court’s decision:

“Notwithstanding any other provision of this division, any injunction or judgment in effect as of the effective date of this subdivision suspending or otherwise affecting enrollment shall be unenforceable.”

What does the Legislature generally do to address prospective versus retroactive application of legislation? The Legislature either states the operative date of statutory language or the Legislature expresses its intent about when the statutory language will apply.

Are the state’s courts required to follow legislative statements? The courts go through a process by which they determine whether the statutory language will or will not be applied retroactively in specific circumstances.