Among the controversial opinions published last week by the Supreme Court, we found that the Court’s opinion in the case of Adoptive Couple v. Baby Girl, 570 U.S. ____ (2013), referred to legislative history materials. A baby girl who was classified as a native American Indian because of her biological father’s Cherokee heritage, was removed from her adopted family when the baby girl was a few months old because her father, who had attempted to relinquish his parental rights and had no prior contact with the child, asserted his parental right under the Indian Child Welfare Act of 1978 (ICWA), 25 USC § § 1901 through 1963. The ICWA was ... Read More >
Jul 3
Legislative Intent Service Meets the Research Needs of Law Firms and Offices
Today’s “Big Law” and “Medium Law” firms are transitioning into their professional futures by focusing on specific areas of practice and by limiting their in-house staffing and counsel, among other major changes to the practice of law. Whether your practice is national or state-wide, Legislative Intent Service, Inc. [“LIS”] is a legislative history and intent research law firm that can assist this transition into the new world facing old and new law practices. Areas of Practice: At LIS, we have researched almost every area of law, from civil, civil procedure, business, family and insurance to penal, probate, water, and vehicle, just to ... Read More >
Jun 27
Legislative Analysis of California Statutes
Legislative analysis of legislative history materials begins with a fundamental rule: to construe or interpret a statute, the court’s primary objective is to determine the legislative intent of the enactment; all other rules of construction yield to this rule. When the text of a statute is unambiguous and provides a clear answer, the courts generally go no further than that text. However, when a statute’s language supports multiple interpretations, then California law permits resort to extrinsic sources to ascertain legislative intent. This includes the legislative history and administrative interpretations of the language. While laws in ... Read More >
Jun 19
California Public Records Act Amendment Challenged
In our prior posting regarding the California Public Records Act (CPRA), we noted that as a budget trailer bill to this year's state budget bill, Assembly Bill 76 would make compliance with certain provisions of the CPRA optional for public agencies. The latest reports this afternoon state that the state legislature is changing its action because of popular criticism opposing this weakening of the CPRA. The Legislature will promote Senate Bill 71, which is also a budget trailer bill but does not contain the CPRA changes promoted in Assembly Bill 76. It is now up to Gov. Jerry Brown to decide if he will sign Assembly Bill 76 or Senate ... Read More >
Jun 19
California Public Records Act (CPRA) Amendment Limits Access to Public Records
The California budget package for the coming fiscal year included Assembly Bill 76, a budget trailer bill that would make compliance with certain provisions of the California Public Records Act (CPRA) optional for local agencies. A “budget trailer bill” is a measure carrying substantive law changes to implement the fiscal decisions reached in a particular year’s budget bill. Assembly Bill 76, carried by the Assembly Budget Committee, enacts various provisions to support the 2013 Budget Act. Under existing California law, CPRA requires state and local agencies to make their public records available to residents upon receipt of a request ... Read More >
Jun 18
California may lower threshold for voter approval of local taxes
There are six bills before the California Legislature that seek to change the way local governments levy taxes. Currently, the California Constitution states that taxes levied by local governments are either general taxes, subject to majority approval of its voters, or special taxes, subject to 2/3 vote (Article XIII C). Proposition 13 of 1978 required a 2/3 vote of each house of the Legislature for state tax increases, and 2/3 vote of local voters for local special taxes. Proposition 62 of 1986 prohibited local agencies from imposing general taxes without majority approval of local voters, and a 2/3 vote for special taxes. Proposition ... Read More >