California Legislature – Page 81

Special Session or Extraordinary Session – Which Is It?

October 24, 2022 10:52 amOctober 24, 2022 10:55 am

With an impending special session being called by Governor Gavin Newsom when the California Legislature convenes its 2023-24 Regular Session on December 5, some observers have asked, “Is it called a special session or an extraordinary session?” California Constitution The...

Canon of Statutory Construction — Noscitur a Sociis

October 23, 2022 8:16 amOctober 23, 2022 8:19 am

For purposes of statutory construction, the courts and bill drafters use a series of “canons” to guide them. These include textual canons (intrinsic aids), linguistic presumptions and grammatical conventions, substantive canons, and extrinsic aids. It is impossible to list them...

Unique Provisions of California’s Budget Bill – Part I

October 22, 2022 5:07 pmOctober 22, 2022 5:10 pm

The California state budget is the largest in the nation, and it also represents the largest bill in page length and number of provisions. While its provisions are too many to cover, there are a number of them that are...

Is There a Difference Between Vagueness and Ambiguity?

October 21, 2022 2:43 pmOctober 21, 2022 9:05 pm

In the interpretation of a statute, is there a difference between statutory language that is vague or statutory language that is ambiguous? Is there a legal distinction between the two? Some legal commentators and judges draw a distinction between a...

The ‘Sunrise’ Process in the California Legislature

October 21, 2022 6:54 amOctober 21, 2022 9:07 pm

In California, as in a number of other states, there is the so-called “sunrise” process, which is the opposite of a “sunset” (or repeal) process, in the law. When establishing a new regulatory scheme for an occupation or profession, the...

How to Draft an Intent Bill

October 20, 2022 11:40 amOctober 20, 2022 1:59 pm

In the California Legislature, an “intent bill” is basically used as a placeholder for a future measure to be amended into the intent bill. Quite often bills introduced in the California Legislature without substantive language in them are called “spot...

How to Draft a Spot Bill

October 19, 2022 9:58 amOctober 19, 2022 8:01 am

In the California Legislature, a “spot bill” is basically used as a placeholder for a future measure to be amended into the spot bill. Quite often, bills introduced in the California Legislature without substantive language in them are called “spot...