November 6, 2025
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Tag: drafting legislation

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...
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Active v. Passive Voice in Legislation

October 13, 2022   3:26 pmOctober 13, 2022   3:33 pm
In California, bill drafters are instructed to use the active voice, rather than the passive voice. This is a change in the historical manner of drafting that previously included lots of passive voice language in state statutes. As a result,...
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California State Assembly nearly empty except for a few folks in the balcony.

What Bill Drafting Guidance Do We Have from the Legislature’s House Rules?

September 27, 2022   6:21 amSeptember 27, 2022   10:37 am
When drafting legislation in California, there are several sources of guidance in drafting bills and other forms of legislation (resolutions and constitutional amendments). The fourth source is the Legislature’s individual house rules. What legislation drafting guidance is contained in the...
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A sea of empty desks inside the California State Assembly

What Bill Drafting Guidance Do We Have from the California Legislature’s Joint Rules?

September 26, 2022   7:18 pmSeptember 27, 2022   10:36 am
When drafting legislation in California, there are several sources of guidance in drafting bills and other forms of legislation (resolutions and constitutional amendments). The third source is the Joint Rules of the Assembly and Senate. What legislation drafting guidance is...
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Drafting Criminal or Penal Statutes

December 8, 2020   2:55 amDecember 8, 2020   5:55 am
Drafting criminal or penal code statutes is an important undertaking for any bill drafter because of the consequences for those who violate such statutes and because courts strictly construe these types of statutes. As a result, those who draft criminal...
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An Introduction To Legislative Drafting

October 23, 2020   6:31 amOctober 25, 2020   1:46 pm
What is legislative drafting? Legislative drafting or bill drafting is the work of professionals who usually provide their services in a centralized office for the U.S. Congress or state legislatures. These individuals draft bills, resolutions, and constitutional amendments (for the...
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Drafting a Bill to Regulate a Profession

October 17, 2020   7:52 amOctober 17, 2020   1:28 pm
On occasion, the bill drafter will need to create a new regulatory scheme as legislators intend to regulate a profession or occupation that has not previously been subject to regulation. As a general rule, the intent of regulating a profession...
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