Examples of Common Provisions Found in California Bills

There are a number of provisions common to California law that can be found, and these provisions should be familiar to those who read, analyze, or draft bills in the Legislative Assembly. The following are examples of some of the common provisions of bills:

Here is an example of a contingent implementation language:

This law will only become effective if the 2021-2022 Regular Session Assembly Bill 1279 is signed into law and becomes effective no later than January 1, 2023.

Here is an example of an act name:

This law will be known and may be cited as the Clean Energy, Jobs and Affordability Act of 2022.

Here is an example of a legislative conclusion for a statewide bill:

The Legislature finds and declares that Section 2 of this Act adding Chapter 22 (beginning with Section 26275) to Division 20 of the Health and Safety Code deals with a matter of nationwide concern. state rather than a municipal matter, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, section 2 of this law applies to all cities, including charter cities.

Here is an example of a refundable money order disclaimer:

No reimbursement is required by this statute pursuant to Section 6 of Article XIII B of the California Constitution for certain expenses which may be incurred by a local agency or school district because, in this respect, this statute creates a new felony or offence, eliminates a felony or offence, or alters the penalty for a felony or offence, as defined in Section 17556 of the Government Code, or alters the definition of a felony as defined in Section 6 of Article XIII B of the California Constitution.

The following is an example of legislative findings and declarations:

The legislator finds and declares all of the following:

(a) In addition to the growing impacts of climate change, a growing body of research shows direct health impacts of proximity to oil extraction.

(b) These impacts disproportionately affect Black, Native, and People of Color in California, who are most likely to live near oil extraction activities and who are most vulnerable to the negative impacts of climate change .

(c) Proximity to oil and gas extraction sites poses significant health risks, including increased air pollution.

Here is an example of a defined term:

For the purposes of this article, the following definitions apply:

(a) “Area” means area, and all distance measurements are made on the surface of the pitch.

Here is an example of a saving clause:

The provisions of this law are severable. If any provision of this Act or its application is declared invalid, such invalidity shall not affect any other provision or application to which effect may be given without the invalid provision or application.

Here is an example of an emergency clause:

This law is an emergency law necessary for the immediate preservation of public peace, health, or safety within the meaning of Article IV of the California Constitution and shall be effective immediately. The facts of necessity are:

To support, as soon as possible, the distribution of books to Californian families by developing, implementing, promoting and fostering a comprehensive statewide initiative to encourage preschool children to develop a taste for reading and learning from the earliest stages of life, from birth, this act must take effect immediately.

Here is an example of double articulation language:

Section 1.5 of this bill incorporates the amendments to section 26200 of the Business and Professional Code proposed by both this bill and Assembly Bill 2210. This section of this bill will not come into force unless (1) both bills are proclaimed into law and come into force on or before January 1, 2023, (2) each bill amends section 26200 of the Business and Professional Code, and (3) this bill is enacted after Bill 2210, in which case section 1 of this bill does not come into force.

Here is an example of an invalid clause:

This section shall become inoperative on the date on which the standards that address multi-user installations for all genders become effective in the California Building Standards Code (Title 24 of the California Code of Regulations) and as of such date this section shall be repealed.

Here is an example of a legislative finding of public utility (no donation of public funds):

The Legislature finds and declares that sections 17138.6 and 24309.1 of the Revenue and Taxation Code, as added by this Act, are necessary for the public purpose of preventing undue hardship for taxpayers who reside or resided in a part of California devastated by wildfires and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.

Here is an example of a special status:

The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the Constitution of California due to the unique circumstances of the economy of the county. of Inyo which apply only to Inyo County.

Bernard P. Love