California Legislative History

May 18, 2010Research in the Real World

Erin Murphy

Intrinsic analysis first:• Plain meaning of language

• Surrounding statutory context

• Case Law that interprets it

Extrinsic analysis second:• what problem was the bill intended to solve?• Chronology of events the bill went through before becoming law and the documents that resulted

How to find evidence of legislative intent(the real reason you do a leg history)

Even if “plain meaning” can be determined, can use the extrinsic documents to support the meaning

www.lrihistory.com/documents/Legislative.Intent.practice.Guide_001.pdf

Real Life Example: Hassan v. Mercy Am. Riv. Hospital31 Cal. 4th 709 (2003)

Civ § 43.8 excerpt:There shall be no liability on the part of …any person on account on the communication of information…to any hospital…when it is intended to aid in the evaluation of the qualifications of a practitioner of the healing …arts.

Civ § 14 excerpt:…the word person includes a corporation as well as a natural person

Quick look at journey from Bill to LawIdea

Bill introduced in house of origin

Policy cmte in house of origin

Fiscal cmte in house of origin (if necessary)

Floor vote in house of origin

Bill presented to other house

Policy cmte in other house

Fiscal cmte in other house (if necessary)

Floor vote in other house

If 2nd house amends bill, it goes back to the house of origin for a floor vote. If no concurrence, then conference cmte is formed.

OR

If 2nd house does NOT amend the bill, it goes to governor.

(b) No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment. “Enclosed space” includes lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building and not specifically defined in subdivision (d).

Lexis’ Deerings Code online view

West’s CA code online view

Westlaw’s Links:

www.leginfo.ca.gov/bilinfo.html

1993 - current

What if it’s a pre-1993 law?!?

You’re on your way to the Secy of State Archives at 10th & O!!

Check West AND Deerings (esp. pre-1993 amendments)

Deerings’ gives you the detail on amendments

192.234.213.35/clerkarchive

Journals back to 1849: older vols may have bill analyses & correspondence

Stats & Amend. to the Code: back to 1850 (gives bill# & author)

Histories/Subject Indexes: back to 1881 (gives you “map”)

Archives at the Secretary of State at 10th & O near the Capitol in Sacramento

Minerva.sos.ca.gov: online catalog of what they have with location hints

Have over 232 million documents going back to 1849

No law until 1997 that committees had to keep their legislative records; authors of bills STILL don’t have to

Find text of section as it read in 1955

Last slide: important links

www.leginfo.ca.gov: bill versions & analyses 1993-current; free access to California codes

www.lrihistory.com/resources.htm: in-depth Research & Practice Guidewww.lrihistory.com/California.Links.htm: links to state archives for older material

library.uchastings.edu/library/california-research/ca-ballot-measures. html: links to databases for doing research on propositions/initiatives

192.234.213.35/clerkarchive: get histories for pre-1993 bills; Stats & Amend back to 1850 (leg counsel’s digest gives bill # and author)

www.sos.ca.gov/archives/about-the-archives/: hours & directionsminerva.sos.ca.gov/: pre-1993 sources (bill files, author files)