Background on the the aims of legislative history research
For a good foundation and understanding of how California legislative history materials—the documents generated and considered during the process of a bill becoming a law—bear on legislative intent and, in turn, affect statutory construction, see 58 California Jurisprudence 3d Statutes § 109 et seq. (Factors Affecting the Determination of Legislative Intent) and § 167-71 (Extrinsic and Particular Aids—Legislative Process and History) (KFC80 .C3 1972). Also available in Westlaw or Lexis+ (password required).
Caveats on finding California legislative history materials
- Legislative history material is not published as consistently in California as at the federal level—Committee hearings on bills are not usually transcribed; committee reports on bills are rarely prepared; there is no written record of debate.
- Various sources can provide clues to legislative intent. Most important among these are the various bill versions, so be sure to consult these in your search for legislative intent:
- Versions show additions and deletions to text as a bill progressed through the Legislature.
- The short digest by the Legislative Counsel at the beginning of the bill can also be useful.
- Some bills include a statement of intent, but these "findings" may not appear in the code.
The legislative process and the materials it generates
The California State Assembly has prepared a useful glossary of terms relating to the legislative process. In addition, the California State Library has a nice guide to the basics of legislative history that links to free sources of legislative information.
