statute – California Globe

Does a Bill Need Statutory Construction Guidance?

April 22, 2024 3:00 pmApril 22, 2024 3:01 pm

Have you seen the following sentence in a California bill or in a statute: “This act shall be liberally construed to effectuate its purposes.” Why is this phrase needed? Shouldn’t that be obvious guidance to a court when interpreting a...

Protecting Other Legal Rights in a Statute

October 9, 2023 4:16 pmOctober 9, 2023 4:16 pm

Just because a new statute adds an additional right or cause of action does not necessarily mean that other, existing statutory or legal rights do not also apply. What do I mean? For example, a bill may create a new...

Does a Legislative Resolution Prevail Over a Statute?

August 29, 2022 5:10 pmAugust 29, 2022 5:12 pm

The answer is obviously “no.” Or is it? According to the Office of Legislative Counsel, a statute is defined to be an enacted bill, which is chaptered by the Secretary of State. On the other hand, a resolution is used...

Bills That Need to Go Before Voters

March 13, 2022 10:10 amMarch 13, 2022 10:15 am

Even though a statute is created by a bill (or by an initiative measure), the California Legislature in certain instances must place a bill before the voters. According to Elections Code Section 9040: Every constitutional amendment, bond measure, or other...

Severability or Savings Clauses in California Bills

October 18, 2020 8:12 amOctober 18, 2020 4:44 pm

On occasion, a reader may come across a severability or savings clause contained in a California bill. Basically, a severability clause is a statement by the Legislature that, if a part of a law that is enacted is subsequently held...