But what does it mean? is an occasional series where we here at Legislative Intent Service explore the meanings of some legislative terms. Today we explore a slang term: The “gut and stuff,” or the “gut and amend.” In general, “gut and stuff” legislation was amended such that the Legislature “gutted” a bill’s original provisions, then “stuffed” the bill with wholly new ones. The particulars of this practice may change from state to state. For example, in Oregon a “gut and stuff” bill has been given entirely new language, but must remain similar enough to the original bill’s subject matter as to still fall “under the measure’s ... Read More >
Sep 23
Criminal Mayhem: No Laughing Matter
Criminal Mayhem: No Laughing Matter: Our latest blog post addresses the history of the crime of mayhem and aggravated mayhem. While the Allstate Commercials might make you think of tailgating gone wrong, dropped cell phones and teenaged drivers, the actual crime of mayhem is much gristlier. From the Mouths of Governors --- When researching California bills more than 50 years old, we frequently look to the Governor’s inaugural and biennial addresses for guidance on legislative priorities and historical context. These speeches also serve as reminders that there are few “new” problems in government. Recently, a project led me to Governor H. ... Read More >
Sep 23
When There’s Smoke … There’s Fire
When there’s Smoke … There’s Fire (Followed by Legislation) The dramatic footage from last weekend’s fire at the 14th floor pool of the Cosmopolitan Hotel in Law Vegas got us at Legislative Intent Service wondering whether it will spark any legislation. The fire quickly burned the decorative palm trees, that were made of highly-flammable, high-density foam and plastic. Thankfully, the black plumes looked more ominous than they really were and firefighters extinguished the fire in about 30 minutes. However, we wonder if there will be some sort of legislative or regulatory action taken regarding outdoor flammable decorations ... Read More >
Sep 15
Strange Signers: 3 Weird Facts About the Men Who Signed the Constitution
In the some 200 years since the Constitution was first created, there have been a total of 27 amendments. Originally, there were only 10, and the men who signed them were more bizarre than you might think. Here are just a few of the odd facts about the signers of the Constitution. A Real Ladies' Man Wrote the Preamble. Odds are you had to memorize the preamble -- you know, the bit that goes "We the people of the United States in Order to form a more perfect Union..." -- in school, but did you know that the guy who wrote it was a real ladies' man? Gouverneur Morris lost a leg in a carriage accident, so he had to wear a wooden one for ... Read More >
Aug 26
We’re Breaking Up: 4 Bizarre Divorce Laws You Won’t Believe Are Real
Divorce cases are rarely simple for a number of reasons, and if you do some legislative history research, you'll find that there are more than a few legal statutes out there making things more perplex. Here are just a few. Blaming a Third Party. Believe it or not, seven states including New Mexico and Mississippi have legal statutes that make it possible to blame the breakdown of a marriage on a third person, who can even be sued for huge sums of money so long as there's proof. This is called the "alienation of affection" theory. Making Divorce Illegal. In the more than 200 years since the Constitution was first created, there have ... Read More >
Aug 20
Criminal mayhem is no laughing matter
To the average person, being convicted of “mayhem” may sound like being caught doing something a little destructive, and maybe a little silly. After all, thesaurus.com lists serious terms such as “violence” and “anarchy” along with less weighty nouns such as “havoc,” “fracas” and “trouble” as synonymous with “mayhem.” However, as California criminal attorneys know, a charge of mayhem is no laughing matter – and a charge of aggravated mayhem, even less so. California Penal Code section 203 states: ... Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it ... Read More >