legislative findings and declarations

Can We Call Them Placeholder Bills Instead?

February 8, 2024 8:20 amFebruary 8, 2024 8:20 am

Quite often bills introduced in the California Legislature without substantive language in them are called “spot bills.” However, that is not always the case even though both spot and intent bills act as placeholders with substantive amendments to be added...

Frequently Asked Questions about the Brown Act Open Meeting Law

January 27, 2024 2:45 amJanuary 27, 2024 2:46 am

What is the Ralph M. Brown Act? The Brown Act was adopted in 1953 and applies to open meetings at the county and city levels of local government. Where is the Brown Act found in the law? It is found...

Are Legislative Findings in Voters FIRST Act Bills Sufficient?

May 30, 2023 2:45 amMay 30, 2023 2:46 am

In reviewing recent legislation that proposes amendments to California’s Voters FIRST Act, as enacted by the voters by Proposition 11 in November 2008, the same legislative finding and declaration is made in each bill. It is a simplistic statement that...

Combining Legislative Findings and Intent Statements

March 24, 2023 10:38 amMarch 24, 2023 10:39 am

In reviewing legislation in the California Legislature over the past few years, as well as a number of California appellate court decisions, I definitely have a preferred approach to setting forth legislative findings, declarations, and intent in legislation. In that...

Legislative Declarations Regarding Non-Municipal Affairs

March 14, 2023 7:40 amMarch 14, 2023 7:43 am

Bills in the California Legislature occasionally designate a provision of state law to apply to all cities, which means the proposed state law applies equally to both general law cities and charter cities. This occurs when the Legislature makes a...

A sea of empty desks inside the California State Assembly

It’s Not Just the ‘Spot Bill’ Deadline

March 10, 2023 10:03 amMarch 10, 2023 10:10 am

In another one of my “legislative geek” moments, I would like to suggest that we change our terminology to “placeholder bill.” For example, everyone is aware of the upcoming “spot bill deadlines” in the Assembly (amendments in Legislative Counsel form...

Guidelines for Drafting Legislative Statements in Bills

February 19, 2023 9:09 amFebruary 19, 2023 9:11 am

There are differences between legislative findings and declarations and statements of legislative intent, and the bill drafter needs to be aware of these. The Colorado Bill Drafting Manual states: “A legislative declaration statement is an explicit or formal statement or...