legislative intent – Page 2

Is There a Difference Between Intent and Policy in Statutes?

March 25, 2022 6:19 amMarch 25, 2022 6:26 am

Readers of bills and statutes will regularly come across statements of legislative intent, such as paragraphs that usually begin with either “It is the intent of the Legislature to …” or “The Legislature finds and declares that …” On other...

Interesting Statements of Legislative Intent

March 17, 2022 2:54 pmMarch 17, 2022 2:57 pm

As the lawmaking branch of state government, the California Legislature on occasion desires to express its intent regarding proposed legislation. In my mind, there are four forms of intent measures. The first is an “intent bill,” which is used for...

An Interesting Bill Involving California Legislative Intent and the ADA

March 11, 2022 2:45 amMarch 10, 2022 9:49 pm

Recently-introduced committee bill, Assembly Bill 2962 (authored by the Committee on Judiciary), presents an interesting case of the role of legislative intent, in particular regarding federal case law. AB 2962 would to add Section 55.4 to the Civil Code, amend...

Interpreting California Statutes Using Legislative Guidance

March 2, 2022 6:33 amMarch 2, 2022 6:46 am

I have written previously about legislative intent and statutory construction in California. After reviewing just over 2,000 newly-introduced bills in the Legislature for the 2022 Session, I came across a number of interesting provisions related to this topic. Below are...

Interesting Sections of California Bills

February 8, 2022 11:30 amFebruary 8, 2022 11:24 am

Over the years, I have come across some provisions of California legislation that appear at least inconsistent with general drafting norms. This statement is not meant to be a criticism of either a bill’s author or the bill drafter; it...

Using Letters to the Daily Journals for Determining Legislative Intent

December 7, 2021 6:12 pmDecember 7, 2021 6:16 pm

One method to help ascertain the legislative intent behind a specified measure is a letter that is published in the Assembly Daily Journal or the Senate Daily Journal by the bill’s author. These letters, for which there are many each...

Does Legislative Intent Language Trump Statutory Language?

October 12, 2020 6:18 amOctober 12, 2020 11:09 am

As we examine instances where a bill in the California Legislature contains both statutory changes (by amending, adding or repealing code sections) and legislative intent statements (usually in the form of findings and declarations), we expect these two types of...