Office of Legislative Counsel – Page 5

How to Draft an Intent Bill

October 20, 2022 11:40 amOctober 20, 2022 1:59 pm

In the California Legislature, an “intent bill” is basically used as a placeholder for a future measure to be amended into the intent bill. Quite often bills introduced in the California Legislature without substantive language in them are called “spot...

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,...

Is a Rule Waived or Suspended in the CA Legislature?

October 12, 2022 6:32 amOctober 12, 2022 12:10 pm

We hear most often in the California Legislature that a rule is being “waived” or that someone is seeking a “rule waiver.” However, many rules may be “dispensed with” or “suspended,” rather than waived. So, what is the correct terminology...

Why Are Conference Committees Rarely Used in the California Legislature?

October 11, 2022 6:29 amOctober 11, 2022 6:38 am

In the past, the California Legislature used conference committees as a regular part of the legislative process. However, despite extensive rules and procedures for their use, the conference committee in the California Legislature is largely nonexistent today. Why is that?...

Why California Bills Do Not Use And/Or

October 7, 2022 6:35 amOctober 7, 2022 6:42 am

While legal language often includes the use of the term “and/or,” this term is not used in California statutes nor in the drafting of bills in this state. While lawyers may use and/or in contracts, court pleadings, and even some...

Eliminating Legalese in California Statutes

October 6, 2022 3:01 pmOctober 6, 2022 3:08 pm

As part of the efforts to update and modernize California’s 29 Codes that contain over 155,000 statutes, the Office of Legislative Counsel is removing “legalese” from those statutory provisions. What do we mean by legalese? According to the dictionary, legalese...

What Is a ‘Saving Clause’ in California Legislation?

October 6, 2022 5:45 amOctober 6, 2022 5:53 am

On a few occasions each Session, a bill will contain a “saving clause,” which is sometimes referred to as “grandfathering.” While some states refer to it as a “savings” (plural) clause, the generally-accepted term is “saving” (singular). Saving clauses are...