California Legislature – Page 70

Is ‘Encouragement’ Sufficient in Legislation?

March 29, 2023 7:37 amMarch 29, 2023 7:44 am

In reviewing legislation in the California Legislature over the years, we are well aware of statements of legislative intent. Sometimes there are single statements of intent and, in other instances, there are multiple intent statements. Recently, I came across a...

Named Acts, but No Tombstones in California Legislation

March 28, 2023 7:04 amMarch 28, 2023 7:49 am

In the past, usually for important pieces of legislation, the main legislator or group of key legislators who authored the bill would occasionally place their name in the act’s title, which became part of the statute. In some instances, the...

AB 539: High-frequency Litigants

March 27, 2023 12:43 pmMarch 27, 2023 12:44 pm

Assembly Bill 539 by Assemblywoman Stephanie Nguyen (D-Elk Grove) would address the issue of “high-frequency litigants” involved in the Unruh Civil Rights Act. AB 539 would amend Civil Code Section 52 and amend Code of Civil Procedure Sections 425.50 and...

A Better Approach on Public Right of Access Findings

March 27, 2023 6:19 amMarch 27, 2023 6:32 am

Under the California Constitution, there is a general right of public access to the meetings of local public bodies and the writings of local public officials and local agencies. Nonetheless, in enacting statutes, the Legislature can impose a limitation on...

Combining Legislative Findings and Intent Statements

March 24, 2023 10:38 amMarch 24, 2023 10:39 am

In reviewing legislation in the California Legislature over the past few years, as well as a number of California appellate court decisions, I definitely have a preferred approach to setting forth legislative findings, declarations, and intent in legislation. In that...

Another California Legislative Process Bill Example

March 23, 2023 5:29 pmMarch 23, 2023 5:34 pm

For those watching the Senate and Assembly Floors on Thursday, March 23, 2023, one bill jumped through several procedural hurdles in a single day. The bill is SBX1 – 2 (or SB 2x) dealing with the maximum gross gasoline refining...

Why Do California Tax Bills Contain ‘Section 41’ Provisions?

March 20, 2023 6:47 amMarch 20, 2023 6:55 am

If you have reviewed a number of bills in the California Legislature that add new provisions to the Revenue and Taxation Code, you may have noticed references to Section 41. What is “Section 41” and why do we often find...