Presentation on theme: "California Legislative History May 18, 2010 Research in the Real World Erin Murphy."— Presentation transcript:
California Legislative History May 18, 2010 Research 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
Real Life Example: Hassan v. Mercy Am. Riv. Hospital 31 Cal. 4 th 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 Law Idea 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 2 nd 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 2 nd 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
Wests CA code online view
What if its a pre-1993 law?!? Youre on your way to the Secy of State Archives at 10 th & O!!
Check West AND Deerings (esp. pre-1993 amendments)
Deerings gives you the detail on amendments
/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 10 th & 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 dont have to
Find text of section as it read in 1955
Last slide: important links bill versions & analyses 1993-current; free access to California codes in-depth Research & Practice Guide 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 /clerkarchive: get histories for pre-1993 bills; Stats & Amend back to 1850 (leg counsels digest gives bill # and author) hours & directions minerva.sos.ca.gov/: pre-1993 sources (bill files, author files)