California statutes – California Globe

Why Would the Legislature Request?

December 13, 2024 2:30 amDecember 13, 2024 2:31 am

We know in drafting California statutes, the term “shall” is mandatory and the term “may” is permissive. In other words, required conduct found in a statute uses the word “shall,” while discretionary conduct found in a statute used the word...

Helpful Statutory Interpretation Guidelines in California Statutes

November 25, 2024 2:30 amNovember 25, 2024 2:31 am

In reading the California Code of Civil Procedure, I came across Article 1 of Chapter 2 of Title 7 of Part 3. Article 1 is titled, “Construction.” This provides several helpful statutory interpretation or construction principles that are actually applicable...

The Old Way of Doing Legislative Intent Statements

August 3, 2024 2:30 amAugust 3, 2024 2:31 am

In reading Code sections recently (yes, I am an acknowledged legislative geek), I came across a statute from 1968 in the California Unemployment Insurance Code. I found that Code section unique in that it uses language that we do not...

Guidance for Drafting a ‘Declaratory of Existing Law’ California Statute

June 30, 2024 2:30 amJune 30, 2024 2:31 am

On occasion, you may see a bill in the California Legislature that has the following provision: “The amendments made by this act do not constitute a change in, but are declaratory of, existing law.” This statement is straightforward and easy...

Frequently Asked Questions about Retroactivity of California Statutes

June 27, 2024 2:30 amJune 27, 2024 2:31 am

Is a statute presumed to operate retroactively? In California, as in most states, a statute is presumed to operate prospectively. How do California courts generally view applying a statute’s provisions? In Quarry v. Doe I (2012) 53 Cal.4th 945, 955,...

Frequently Asked Questions about Effective and Operative Dates of California Statutes

April 5, 2024 2:30 amApril 5, 2024 2:31 am

What is an effective date of a statute? A common definition of “effective date” is when the new law is “on the books.” What is an operative date of a statute? A common definition of “operative date” is when the...

Frequently Asked Questions about Statutory Construction California

October 27, 2023 7:51 amOctober 27, 2023 7:51 am

For those not familiar, I put together the following questions and answers for those queries that are most often posed regarding statutory construction in California. What is the purpose of statutory construction? The “fundamental task is to ascertain the Legislature’s...