Image by Dmitry DemidovichIn the key case to discuss the use of legislative intent materials, we find clear guidance provided by the decision. The appellate court issued its written decision on August 30, 2005 and, since then, it has been cited affirmatively more than 80 times.
California law, image by Vitalii VodolazskyiANALYSIS – On occasion, California legislators include statements of intent, or make findings and declarations, in their bills. When reviewing these bills, readers will see that, in most instances, these statements are “uncodified,” meaning that they are not codified (i.e., placed in a Code). In more limited cases, these statements are codified along with the other, substantive statutory provisions. This raises the question whether these legislative statements should be codified or not.
Photo illustration of a
person loitering late at night on a deserted street. (Image: M-Production, via Shutterstock)Roxanne is used to being harassed by the police. A trans woman, Roxanne – who uses only her first name – is an attorney. She owns two homes in San Jose about a mile apart and regularly walks from one to the other. Years ago, while exercising, she was arrested across the street from one of her homes, she said.
The state Capitol in Sacramento, home of the Senate and Assembly. (Photo: Kit Leong, via Shutterstock)One way to help figure out the legislative intent behind a particular measure is a letter written by the bill’s author that is published in the Assembly Daily Journal or the Senate Daily Journal.
The state Capitol in Sacramento, home of the Legislature. (Photo: SchnepfDesign, via Shutterstock))In the California Legislature, all types of legislative measures (bills, resolutions and constitutional amendments), as well amendments to those measures, can only be introduced or processed if they are in “Legislative Counsel form.” The purpose is to ensure greater consistency in California’s statutes. The nonpartisan Office of the Legislative Counsel serves as legal counsel and bill drafters to California legislators and the governor.
Police officers in Los Angeles observe a public protest. (Photo: Matt Gush, via Shutterstock)OPINION: As members of our California communities call for reform, our state legislators have proposed almost two dozen bills aimed at fundamentally changing the practice of law enforcement in our state. Unfortunately, many of these bills were developed overnight, in silos and behind closed doors.
The state Capitol in Sacramento. (Photo: Adonis Villanueva, via Shutterstock)Lobbyists at the state Capitol have noticed a trend developing over the use of letters to the Daily Journals in the Assembly and Senate as a substitute for making bill amendments. It’s a development little noticed by the public, but it is being closely watched by those with business before the Legislature.
The Genesis Solar Energy Project near Blythe in the Mojave Desert. (Photo: The CYR Group)OPINION: Solar energy developers are working behind the scenes to sneak continuation of an industry-specific property tax exemption into the state budget deal, further tipping the playing field in their direction.