Legislature Archives - Page 3 of 18

Drafting a State Holiday Bill

March 27, 2022 10:04 amMarch 27, 2022 10:10 am

In most years, there is a legislative effort to add one or more holidays in this state. Several existing laws designate specific days as holidays in the State of California. This includes the designation of holidays for state employees, bank...

The California Legislature Telling Agencies How to Apply the Law

March 26, 2022 7:59 amMarch 26, 2022 8:04 am

Most readers are familiar with the fact that the California Legislature occasionally attempts to instruct the courts on how to interpret a statute, generally by using legislative intent language, or making a finding or declaration in the hopes that the...

Statutes, State Agencies, and the CA Administrative Procedure Act

March 20, 2022 7:53 amMarch 20, 2022 8:01 am

California’s Administrative Procedure Act (APA) provides the rules and procedures that executive branch agencies and departments must following in adopting regulations. In some instances, the Legislature exempts agencies from the APA process; in other cases, the Legislature deems there to...

Why Do California Statutes Use the Term ‘Abrogate?’

March 14, 2022 6:52 amMarch 14, 2022 7:01 am

The word “abrogate” generally means to repeal or do away with something. California statutes use this term generally in two ways. The first is the affirmative use of the word – to repeal a law, regulation, or court decision. The...

‘The California Way’ Touted by Gov. Newsom is His Way, Not the People’s Way

March 10, 2022 2:42 pmApril 3, 2022 4:26 pm

At California Gov. Gavin Newsom’s State of the State address Tuesday, he touted California leading the way on several hot button issues, calling it “The California Way.” But are these issues near and dear to California voter’s hearts, or agendas...

Why Do Bills Request the UC Regents to Adopt Education Policies?

March 3, 2022 6:50 amMarch 3, 2022 6:59 am

The Legislature has authority to enact statutes impacting school districts, the community colleges, and the California State University system. These provisions are set forth in the Education Code. However, it is the University of California Board of Regents who adopt...

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...