Using Letters to the Daily Journals for Determining Legislative Intent in California

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 2022 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.

2022 Legislative Session – California State Senate

Bill Number	Author	Date	Page Number	Topic
SB 7	Atkins	June 9	4125	Environmental quality: Jobs and Economic Improvement Through Environmental Leadership Act of 2021
SB 54	Allen	June 30	4572	Solid waste: reporting, packaging, and plastic food service ware
SB 54	Allen	August 31	5402	Solid waste: reporting, packaging, and plastic food service ware
SB 179	Pan	August 31	5403	Budget Act of 2022
SB 222	Dodd	August 30	5339	Water Rate Assistance Program
SB 277	Archuleta	August 18	4892	Fireworks: dangerous fireworks: seizure: management
SB 679	Kamlager	August 31	5417	Los Angeles County: affordable housing
SB 846	Dodd	Sept. 1	5428	Diablo Canyon powerplant: extension of operations
SB 886	Wiener	August 31	5404	California Environmental Quality Act: exemption: public universities: university housing development projects
SB 887	Becker	August 31	5405	Electricity: transmission facility planning
SB 905	Caballero	August 31	5406	Carbon sequestration: Carbon Capture, Removal, Utilization, and Storage Program
SB 942	Newman	August 24	5107	Low Carbon Transit Operations Program: free or reduced fare transit program
SB 1013	Atkins	August 31	5417	Beverage container recycling
SB 1302	Portantino	August 31	5408	Pupil health: school-based health centers: grant program: Mental Health Services Act: Mental Health Services Fund
AB 205	Budget	August 31	5424	Energy

2022 Legislative Session – California State Assembly

Bill Number	Author	Date	Page Number	Topic
AB 178	Ting	August 31	6631	Budget Act of 2022
AB 185	Ting	August 31	6631	Education finance: education omnibus trailer bill
AB 205	Budget	June 29	5633	Energy
AB 371	Jones-Sawyer	August 29	6364	Shared mobility devices: insurance and tracking
AB 655	Kalra	August 30	6492	California Law Enforcement Accountability Reform Act
AB 988	Bauer-Kahan	August 31	6632	Mental health: 988 Suicide and Crisis Lifeline
AB 1886	Cooper	August 31	6689	Public works: definition
AB 2135	Irwin	August 31	6632	Information security
AB 2251	Calderon	August 22	5971	Urban forestry: statewide strategic plan
AB 2273	Wicks	August 31	6634	The California Age-Appropriate Design Code Act
AB 2322	Wood	August 31	6633	California building standards: fire resistance: occupancy risk categories
AB 2752	Wood	August 31	6635	Broadband infrastructure and video service: mapping: subscriber information