California Legislature – Page 79

Legislative Findings and Declarations Versus Intent Statements in California Legislation

February 6, 2023 6:35 amFebruary 6, 2023 6:42 am

In reading bills in the California Legislature, you may encounter findings and declarations, or intent statements, or a combination of the two. Which should be given greater weight by the courts? Or are they of equal weight? Does it matter...

Drafting Checklist for Creating a New Entity in California

February 5, 2023 8:39 amFebruary 5, 2023 8:45 am

When drafting a bill to create a new entity or commission in California law, the following are some of the component parts of that legislation: Membership and Qualifications. A committee should be composed of an odd number of members to...

Legislative Terms Compared

February 4, 2023 8:08 amFebruary 4, 2023 8:12 am

In reviewing the bill drafting manuals of the majority of states that publish them, I have read about some of the terms used in these other states, and the comparable term used in the California Legislature. California calls it a...

Saving v. Grandfathering Clauses

January 31, 2023 7:04 amJanuary 31, 2023 7:09 am

What is the difference between a saving clause and a grandfathering clause? They are both types of transitional provisions found in legislation. A saving clause is generally used to retain an existing right or authority that would otherwise be affected...

Coyote Parable Spells Out Perfectly What’s So Wrong With California

January 30, 2023 2:09 pmJanuary 30, 2023 2:22 pm

It has been said that the love of truth lies at the root of much humor. Biting, caustic, even sarcastic humor can make us uncomfortable when it points out weakness or odd proclivities. So is humor truth? A friend sent...

Are the Following Bills Substantive or Nonsubstantive?

January 30, 2023 7:15 amJanuary 30, 2023 7:16 am

Why and when does the distinction between substantive and nonsubstantive proposed changes to California statutes matter in pending legislation? It matters for the Assembly or Senate Rules Committees to refer a bill to a policy committee. That is because neither...

Are Bills with Only Findings and Declarations Considered Substantive?

January 28, 2023 8:48 amJanuary 28, 2023 8:54 am

In the California Legislature, we know that bills that lack proposed substantive law changes are considered “placeholder” measures and generally do not get referred to a policy committee by the Senate or Assembly Rules Committees. In almost all instances, those...