There are two types of approaches to interpreting statutes; literalism and purposive. Literalism is generally defined as the interpretation of words in their usual or most basic sense, while purposive is generally defined as the interpretation of words based
CAP·impact
A Resource for Understanding and Shaping California Law and Policy
CAP·impact, published by the University of the Pacific's McGeorge School of Law, focuses on legislative and regulatory processes in California. The blog covers topics such as pilot projects and sunset dates in state legislation, California's Standardized Regulatory Impact Analysis (SRIA) process, effective lobbying strategies within the state, and analysis of gubernatorial veto patterns. It also provides statistical insights into legislative sessions, including bill introductions, passage rates, and veto statistics. The content is aimed at understanding the intricacies of California's public law, policy-making, and administrative regulations, reflecting McGeorge's emphasis on public law and advocacy.
Latest from CAP·impact - Page 4
GO-Biz
GO-Biz serves as the State of California’s leader in job growth, economic development, and business assistance efforts. GO-Biz prides itself on offering free consultations for incentive identification, site selection, regulatory or permitting compliance assistance, foreign direct investment, and even…
OES
Today we’ll take a look at the Governor’s Office of Emergency Services, also known as OES. OES is established in the California Government Code, Title II Division 1 Chapter 7, Article 5 – way down there. It covers sections…
Prop 54’s Impact on California Government
Prop 54 was enacted by the voters in the November 2016 general election. It adopted two constitutional amendments and two statutory changes dealing with public access to legislative proceedings, recordings of legislative proceedings, bill amendments, and voting on those…
Using Transitional and Savings Clauses
One area of bill drafting worth studying is the use of transitional or savings provisions. What are the differences between the two and how are they used?
All transitional provisions come into play when new legislation amends or repeals…
Preparing to amend and repeal statutes
Like other forms of drafting legislation, when you prepare to amend or repeal existing statutes, there are several steps for the bill drafter to take. According to the Graduate Degree in Legislative Drafting program from Athabasca University, there are…
The Role of Legislative Counsel in Initiative Drafting
There are many who don’t realize that the highly trained attorneys in the California Office of Legislative Counsel will actually draft an initiative for the statewide ballot for members of the public. Basically, under existing state law, attorneys in…
State Mandated Local Programs
Both the California Constitution and the California Government Code describe in detail state mandated local programs. As a result of the constitution and the statutes in the Government Code, a California bill is identified as mandating or not mandating…
Retroactivity in California Statutes
In California, as in most states, a statute is presumed to operate prospectively. When construing statutes, there’s a general presumption against retroactive cases unless the Legislature plainly has directed otherwise. So how might the Legislature plainly direct otherwise? Generally…
Drafting Penal Code Statutes
Drafting penal code statutes is an important undertaking for any bill drafter because of the consequences for those who violate such statutes, which can include imprisonment as well as financial penalties, and because the courts at both the state…