California statutes – Page 3

Numerous California Statutes Have Been Invalidated by the Courts

April 9, 2023 7:52 amApril 9, 2023 7:57 am

In reviewing whether California statutes are invalidated by the federal and state courts, I looked back at cases since the 1980s and put together a number of court rulings. Although this list is not exhaustive, it goes to show the...

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...

Types of Penalties to Draft in Statutes

February 15, 2023 9:30 amFebruary 15, 2023 9:33 am

There are basically three types of penalties that we find in statutes around the country, including criminal, civil, and administrative penalties. In general, a civil penalty is a financial payment assessed by a court for violation of a statute or...

Express Versus Implied Repeals of California Statutes

February 14, 2023 6:57 amFebruary 14, 2023 7:06 am

What is the difference between an express repeal and an implied repeal of a statute? An express repeal is relatively obvious because the Legislature has definitely “expressed” its intent to repeal a particular statute. A reader may see language such...

Guidelines for Drafting Uniform Acts

February 8, 2023 7:40 amFebruary 8, 2023 7:44 am

The Uniform Law Commission (ULC) (formerly known as the National Conference of Commissioners on Uniform State Laws) is a nonprofit association that is comprised of members from each state, and the ULC encourages the uniformity of state laws. The ULC...

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...

Which Phrase Should Be Used?

January 7, 2023 8:10 amJanuary 7, 2023 8:12 am

We often find in California statutes the opening phrase, “notwithstanding any other provision of law.” In other instances, we find the phrase, “except as provided in subdivision (a).” Which phrase should be used? Which phrase should be avoided? In some...