How to Compile a California Legislative History
Quick Summary of Most Important Documents:
I. Previous Versions of a Bill
1993-current: www.leginfo.ca.gov
1963 to 2004: Micrographics room, cabinets #21-22
II. Committee/Floor Analyses
1993-current: www.leginfo.ca.gov
1975-2002: Micrographics room, cabinet #22
III. Governor's Chaptered Bill Files
1943-2000: Micrographics room, cabinet #47
Before You Start
California legislative history is scattered in various sets of books, on microfiche, and in online sources. Part I of this guide outlines seven steps to finding the complete legislative history of a statute. Part II of this guide lists additional resources you might find helpful in providing information about legislative intent. Finally, this guide includes a brief discussion of statutory construction.
Background Information
After a law is passed, questions often arise about the meaning of the legislation. In order to determine how a law is to be interpreted, the courts and the legal community are left to determine the intent of the legislature when they passed the law. To determine legislative intent, it may be necessary to compile a legislative history of a law. While this can be very useful in determining intent, it can also be very frustrating because of the lack of published hearings and the cursory nature of many of the published legislative reports and bill summaries.
Part I: A Seven-Step Guide to Basic Legislative History Search
1. Look at the Law in the Codes
Annotated
Find and note the session law chapter numbers, given at the end of the code section. An example is "Added by Stats.1978 c. 458 1," which means the statute first appeared in Statutes and Amendments to the Code 1978, chapter 458, section 1.
West’s Annotated California Codes (KFC30.5W4 - 4th Floor Stacks & Reference Desk) and Deering’s California Codes Annotated (KFC30.5D4 - 4th Floor Stacks) provide the current version of the law, a list of all of the amendments to the law, and the session law chapter numbers. (E.g. Added Stats. 1978 c. 458 1. Amended Stats 1984 c. 334 1). The annotated codes may also provide references to interim hearings, committee reports, legislative counsel opinions, law revision commission reports, attorney general opinions, the California Code of Regulations, law review articles, and notes of court decisions.
Be sure to check the pocket part or pamphlet for the most recent amendments, law review articles, court decisions, and other legislative history.
Note: West’s Annotated California Codes includes the bill number after the text of the code section, for laws passed after 1994 (E.g. Added by Stats. 1997, c. 852 (AB 1191), § 4). AB stands for Assembly Bill; if your example lists (S 392), then S stands for Senate.
LEXIS:
Deering’s California Codes Annotated can
be searched in
CAL;CACODE.
WESTLAW: West’s Annotated California Codes are available
in the CA-ST-ANN
database.
UnAnnotated
http://leginfo.ca.gov
is the main Internet address of the official site for California legislative
information. This site is maintained pursuant to California law by
the Legislative Counsel of California. It contains the current codified
statutes, searchable by keyword or citation. You can limit your search
by title. Just click on Statutes.
2. Look at the Uncodified Law in the California Session Laws
Find and note the bill number and year. (E.g. AB 2797 (1978) or SB 2221 (1984)).
California
session laws are published in Statutes
and Amendments to the Codes
(KFC25 4th Floor Stacks). Hastings has the print version of Statutes
and Amendments to the Codes
in the library for the years 1849 through 2004.
From 1993 through current, the Statutes
and Amendments to the Codes are
also available on the Internet at http://leginfo.ca.gov/statute.html.
This uncodified version of the law may contain an urgency statement
or some other message of intent, which may be excluded when codified.
You
will need to use the chapter number to find the bill number. The Summary
Digest (KFC 5 - 4th Floor Stacks) is a good place to locate the
bill number, a summary of the bill’s text, and its effective date.
Beginning in 1968, the Summary Digest for each year is also available
in the last volume of the Statutes and Amendments to the Codes.
In addition, the first volume of every year's Statutes and Amendments
to the Code has a chart called the Table of Laws Enacted, which
also has a conversion chart for chapter number to bill number.
The Summary Digest [KFC5 - 4th Floor Stacks] is available at Hastings for 1949-51 & 1960 - 2008. The Summary Digest is available at S.F. Public Library for most of the years from 1937 - 2008.
The Statutes and Amendments to the Code, for most of the years from 1850 to 2008, and, since 1968, the Summary Digest, are provided online by the Clerk of the California Assembly at http://192.234.213.35/clerkarchive/. Click on Statutes and then on the appropriate year. (Hint: Click on the active PDF document.)
3. Analyze the Bill and Available Background Information
Studying the bill in all its versions is one of the best sources of legislative intent. Additions and deletions are indicated by italics and strikeout type. The text of each version is preceded by the Legislative Counsel’s Digest which summarizes changes. Some bills include a statement of intent or policy, which might be omitted in the codified version.
California
legislative bills are available in microfiche for the years 1963 to
2004, and are located in Cabinets #21-22 the Micrographics Room.
California
bills and background information, from 1993 to date, are also available
on the Internet at http://leginfo.ca.gov/bilinfo.html. After
you type in the bill number, you can access the full text of bills,
including status, history, votes, analyses, and veto messages.
The Documents Department at San Francisco Public Library has California
bills from 1867-current.
The Legislative Counsel's Digest is also published at the beginning of the chaptered version of the bill and in the Summary Digest for each year of the Statutes and Amendments to the Code.
4. Read Committee Analyses and Assembly File Analyses
Assembly
File Analyses: These analyses were prepared by the Assembly Office of
Research for both Senate and Assembly Bills through the 1997/98 legislative
session (after which the office was closed). Each analysis includes
information on committee actions, the proposed fiscal effect of the
bill, a short digest, a summary of comments by committee consultants,
and an assessment of the effect of the bill. They are available from
1975 through 2002 in the Micrographics Room (KFC20.A7
/ cabinet #22). They are arranged by year and bill number.
Committee
Analyses: These analyses are written by the staff of the committees
of the California State legislature; they summarize the activity taken
on the bill in the committee and often include information about the
bill's intent.
Floor and Committee Analyses are available online from 1993 - current at http://leginfo.ca.gov/bilinfo.html.
Westlaw has Assembly Analyses, Bill Analyses, Assembly Histories and Bill Histories, from 1993 - current in CA-LH; Committee Analyses from 2005 - current are available in CCA.
Lexis has Committee Analyses from 1991- current in
CACOMM.
The library also has the following committee files on microfilm in cabinet 48:
Assembly Ways & Means Bill Files 1975-1982 (KFC20 A8 W39)
Assembly Ways & Means (Minority) Bill Files 1981-1986 (KFC20 A8 W392)
Senate Committee on the Judiciary Files 1969 -1992 (KFC20 S5 J74)
Senate Rules Committee Files 1985-1988 (KFC20 S5 R75)
Third Reading Analysis (Senate Democratic Caucus) 1975-1984 (KFC20 S5 D56)
Third Reading Analysis (Senate Republican Caucus) 1972-1984 (KFC20 S5 R58)
5.
Read the Governor's Chaptered Bill File
When
the governor signs a bill into law, the bill is filed with the Secretary
of State and chronologically "chaptered." For each bill that
is chaptered, a file is created containing the documents the governor's
office has received regarding that bill. The Governor's Chaptered Bill
Files from 1943 - 2000 are available on microfilm in the
Micrographics Room (KFC7.G68 / cabinet #47). The files
typically contain, at a minimum, the enrolled bill report and a letter
from the bill's sponsor. In addition, there are files from bills vetoed
by a governor; these files include the governor's veto statement. Please ask for assistance with viewing microfilm at the Reference Desk.
6. Analyze the Assembly and Senate Journals
Look at the indexes to the Journal of the Assembly (KFC 5 4th Floor Stacks) (1854-2006) and the Journal of the Senate (KFC 5 4th Floor Stacks) (1852-2002) for the year the bill passed. The index is usually in the last volume of the Journal for each year. (Some of the Journals do not have indexes; these can be accessed by looking at the Final History or Calendar volumes (KFC 14 - 4th Floor Stacks) mentioned in item #7 below.)
The Bill Action Index lists all of the page numbers in the Journals where the bill is mentioned.
The Alphabetical Index lists other legislative history documents included in the Journals. Look in the index for "Legislative Counsel Opinions" and "Legislative Intent." Also check the listings for "Journal, Print in" or "Print in Journal" for letters of clarification and communication regarding bills, which usually contain additional information on intent.
The Assembly and Senate Journals contain committee and floor roll call votes, Governor’s veto messages, legislators' letters of intent, and Legislative Counsel’s Opinions if printed. While only a few legislative counsel opinions are reprinted each year, they can be very valuable. For the journals for the years before the 1970s, check for an appendix; committee reports on passed or pending legislation were sometimes printed in these appendices.
Other items included in the Journals may not be helpful, such as the mere mention that the bill was read on the Assembly floor on a particular date.
The Journal
of the Assembly for most of the years from 1849 to 1993 is available
online at
http://192.234.213.35/clerkarchive/. Click on Journals, and then on the appropriate year. (Hint: Click
on the active PDF document.)
7. Check the Final History or Calendar
The Assembly Final History and the Senate Final History are compiled in the Final Calendar of Legislative Business (KFC 14 - 4th Floor Stacks). These volumes contain a listing of all the actions taken on each bill during that legislative session.
The Assembly Final History and the Senate Final History for most of the years from 1881 to 1995 are available online at http://192.234.213.35/clerkarchive/. Click on Histories and Indexes, and then on the appropriate year. (Hint: Click on the active PDF document.)
Part II: Additional Sources for California Legislative History
Committee Hearings & Reports
Generally, there are not many published Committee Reports and fewer transcribed Hearings. Not all committee hearings are transcribed, few reports are prepared, and there is no record of floor debates.
Hearings: California hearings are fact-finding sessions, with witnesses testifying before the committee which schedules the hearings. Because the Legislature has failed to provide for regular distribution of hearing transcripts to libraries, it is usually necessary for interested persons to request the transcripts they need directly from the appropriate committee chairperson.
Reports: Reports are studies made by Legislative Committees, Subcommittees, or Joint Committees; they contain findings, recommendations, and witness testimony. They are usually made at the request of either legislative body by means of a resolution or joint resolution. The Judiciary Committees often evaluate California bills.
Locate Hearings and Reports Available at Hastings
You can find a listing of all the committee action (including scheduled hearings) taken on a bill in the Final History or Calendar (KFC 14 - 4th Floor Stacks). Note the bill’s author, committees, committee action, reports, or hearings. The Hastings Library has the Final History or Calendar for 1915, 1919-43, and 1947-2006. The San Francisco Public Library has the Final History or Calendar from 1867 to current.
In the Online Library Catalog, choose a subject search and then enter the bill number (e.g. AB908). If you don’t locate any hearings or reports with this search, you can also search by title, subject, and author. Author searches must begin: California. Legislature. Assembly (or Senate) Committee on . . . .
The Appendices to the Senate and Assembly Journals include a few selected hearings and reports reprinted in full: Appendix of the Senate Journal (1946 - 70) (KFC 5 - 4th Floor Stacks), Appendix of the Assembly Journal (1956 - 70) (KFC 5 - 4th Floor Stacks).
Other finding aids that identify hearings and reports and indicate if they have been transcribed and/or published are: California Interim Legislative Committees and Reports (1955-69) (KFC 10.B8 Reference Desk), Hearings and Reports of Committees of the California Legislature (1961-84 ) (KFC 16.L4 1963 Reference Desk), List of Reports Prepared by State and Local Agencies, 1994 (KFC 721. A15 L57 - 6th Floor Stacks).
Search California Cases for Legislative Intent
You should do a thorough search of California cases to locate any decisions which have relied on legislative history to interpret the code section you are researching. The best ways to find such cases are: 1) Look closely at the annotation in the annotated California Code, 2) Shepardize or Keycite the Code section, 3) Use the digests to research the code section or point of law, and 4) Search for cases on LEXIS or WESTLAW. There are several LEXIS and WESTLAW files/databases which may be useful. (You might try searching in either the California cases database or the California code database for references to "legislative journals," "committee reports," "legislative counsel opinions," or "law revision commission reports".)
Check Secondary Sources
California Law Revision Commission Reports (1956-2009) [KFC27 .A3 - 4th Floor Reading Room]. Includes recommendations to the legislature and selected Senate and Assembly Reports on particular bills. The California Law Revision Commission maintains a bibliography of all Law Revision publications (as well as information on current topics) at http://www.clrc.ca.gov/.
McGeorge Law Review (1998-2007) [K 16 .A31 5th Floor Stacks] publishes an annual review of California legislation. It includes tables of bill numbers and chapter numbers with cross references. [This publication continues the reviews in Pacific Law Journal [Review of Code Legislation] (1970-1997) [K 16.A3 5th Floor Stacks], and the State Bar of California Journal (1926-1981) [K 23.T35 5th Floor Stacks].] Early issues of the State Bar of California Journal are good places to look for information on older statutes.
The California Senate Office of Research maintains a web site with Senate analyses on past legislation and ballot propositions.
Search journal and newspaper articles for discussions about legislation and references to reports and hearings. For example: Legal newspapers such as the LA Daily Journal (indexed on LegalTrac and available online and in microfilm), local newspapers such as the Sacramento Bee (available online and at the SFPL), state government journals such as California Journal (available at Hastings (K3 .A44- 5th Floor Stacks) and at SFPL from 1970 through current), and publications of interested organizations such as the California Trial Lawyers Association.
Handbook of the National Conference of Commissioner on Uniform State Laws (KF165 .A2 5th Floor Stacks). 1892-1933, 1944-1989-.
California Legislative History and Intent: Research Practice Guide is a "how to" guide for improving your advocacy skills when legislative history intent is at issue. By Carolina C. Rose (KFC 74 .R67 1997 - 6th Floor Stacks). There is an online version at http://www.lrihistory.com/guide.pdf.
A useful guide to California legislative history is "Legislative Intent," Chapter 4, Henke’s California Law Guide, 8th ed. 2006, by Daniel W. Martin (KFC 74 .H46 2006) (Reference Desk).
A good bibliography is "State Legislative Histories: A Select, Annotated Bibliography," 85 Law Lib. J. 545 (Summer 1993).
If you just would like to understand more about the legislative process, the Office of the Chief Clerk for the Assembly publishes several useful guides, including "A Guide to the Legislative Process," "The Life Cycle of Legislation," "The Legislative Procedure Manual," and "An Annotated Guide to the Daily File," at
http://www.assembly.ca.gov/clerk/BILLSLEGISLATURE/LEGPROCESS.HTM.
Call Sacramento for further unpublished sources:
The State Archives, (916) 653-2246, makes available to the public many legislative resource materials. These include: The Governor's Chaptered Bill File, 1943 - 95; Legislative Committee Records, 1940 - current; Author’s Bill Files, 1950 - date; and Agency Legislative Records, various dates. The State Archives are located in Sacramento; for $0.25 per page, they will photocopy and send all of the information available in their files for a particular bill.
The Chief Clerk of the State Assembly, at (916) 319-2856, has all the bill analyses from 1994 to the current session. The Assembly File Analysis is a nonpartisan analysis of each bill. (See number 4, above, for information on earlier Analyses available at Hastings.)
The McGeorge Law Review, (916) 739-7171, retains files on selected legislation for the past ten years. Call for current research costs.
The
California State Library is the main depository for legislative and
executive branch publications distributed to libraries. To access their
holdings, you can search the California State Library at
http://www.lib.state.ca.us
and click on Main Catalog.
Pay Someone to Do the Legislative History Search for You
There are several commercial services that research and compile California Legislative Histories including Legislative Intent Service (800) 666-1917, Legislative Research Inc. (800) 530-7613, and Legislative History and Legislative Intent (888) 676-1947.
Statutory Construction
The information located when you do legislative history research is
usually meant to persuade a court that a particular interpretation
of a statute is correct. In addition to the facts you have found,
you may need to find persuasive legal authority. There is a body
of case law that has been developed for interpreting legislative
intent. Here is a useful place to look:
Statutes
and Statutory Construction,
by Norman J. Singer
[KF425.S9 2007 - Research Alcove]
This
title is available online from Westlaw in the SUTHERLAND
database.
Also see the annotations to California Code of Civil Procedure sections 1858 (Lexis) Westlaw and 1859 (Lexis) Westlaw , which govern statutory construction in California.
Last updated February 3, 2012 by Beth Gemellaro (Temporary Reference Librarian).
Prepared by Susan Nevelow Mart.