When statutes are ambiguously written it is necessary to explore the intent and purpose of the legislation from its historical perspective. Legislative intent research has become particularly important when the intent of the statute cannot be determined on its face due to ambiguously drafted language. For the purpose of this article, the emphasis will be on research of California legislation and those reference resources available at the San Mateo County Law Library that will enable one to research legislative intent.

               While the value of legislative intent is evident, not all legislation in California includes an intent or purpose statement. In such cases, the search for legislative intent is not impossible, but it is difficult. To determine the legislative intent of a particular California law it is necessary to draw from several resources, some published by the State Legislature, others privately published. The seminal article discussing California legislative intent research is "Sources of Legislative Intent in California," by Bertha Rothe White. (3 Pacific Law Journal [1972]: 63-67) This article is a thoroughly annotated bibliography of available resources.

               The initial step in beginning legislative intent is to determine the best single repository of legislative documents as no one agency, library or institution maintains a comprehensive collection. In California, most county law libraries serve as selective State depositories for published State Legislative materials. Unfortunately, unlike many states and Congress, available printed resources of California's working legislature are limited and scant in detail. And California does not publish any floor discussion of legislative actions.

               Begin a search using the annotated codes, either Deering's California Codes; Annotated or West's Annotated California Codes (although it is advisable to consult both). The annotated codes provide references to the Statute Chapter, the date of enactment and in some cases historical notes which give a synopsis discussion of legislative intent as well as collateral references. In addition to the notes found in the annotated code, reading the Statute Chapter published by the State Legislature may provide more detailed language and insight into legislative intent and purpose. The Statute Chapter is the final draft of the bill as signed by the Governor arranged in chronological order, whereas the code is a codification of the Statute Chapter, i.e., placed in subject classification. In the process of codification, the language of intent and purpose may not be represented or clear to ascertain. It is also worthy to note that printed with each Statute Chapter is the "Legislative Counsel's Digest," which presents a legal opinion of the bill. This opinion may state the purpose of the bill and give a brief comment as to legislative intent. It is also helpful to review the actual "slip bills": drafts of the legislative bill as it is being developed by the Senate and Assembly. The "slip bill" provides the exact language of the bill as it progresses through the legislative process and reflects the deletion and/or addition of language changes that are not represented in the Statute Chapter. The legislative process is further detailed in the Final History of either the Senate or Assembly. The Final History is a chronological diary of the bill listing the dates of hearings and readings, the committees where the bill was considered, and the date of final passage. The dates cited in the Final History are helpful when using the Journals of the Senate or Assembly, which provide the minutes of the working legislative session. The Journal reflects the record of vote on a particular bill, however neither of the publications contains any floor discussion of the bill. Although floor discussion of the Senate or Assembly is not available in any published source, select Committee Reports are published and are a verbatim transcription of committee discussions. These are valuable for their record of legislative and public comment. (Committee Reports are available at the Stanford Documents Library.)

               Once the primary resources published by the State Legislature have been exhausted the use of secondary research resources can provide further insight into legislative intent. "Shepardizing" a code section and statute, using Shepard's California Citations, may yield court cases and law review articles concerning interpretation and intent. Another resource to consult is the California Law Revision Commission; Reports, Recommendations, and Studies. The Commission is established under authority of the California Government Code, Sec. 8280-8297, and consists of one member from both the Senate and Assembly, and seven additional members appointed by the Governor. These appointees are usually highly respected jurists and legal scholars who provide reports, recommendations, and studies to the Legislature on particular areas of law that need to be added, amended or repealed. Finally, the Pacific Law Journal publishes an annual legislation issue summarizing selected current legislation. The summaries are signed and provide an unbiased, analytical review of the legislation.

               If questions of legislative intent and purpose still remain after consulting these resources, the State Archives in Sacramento maintains select material unavailable elsewhere. Since 1943, the State Archives has retained the Governor's chaptered bill file. The file usually contains (1) a copy of the signed bill, (2) a statement by the author of the bill concerning background and intent, (3) an analysis by the Legislative Counsel and the State Attorney General on the constitutionality of the proposed law and its effect on existing law, (4) a summary of an analysis by the Governor's Legislative Secretary with a recommendation for approval or veto, and (5) any correspondence from concerned citizens regarding the legislation. Additionally, the State Archives houses legislator's files and committee files. These materials are accessible to the general public for the most part. However, the Public Records Act (California Government Code, Sec. 6250 et seq.) allows the Governor and legislators to limit public access to their files and papers while in office. During this time, any papers on deposit with the State Archives are placed there voluntarily. Once an elected official leaves office their working papers are supposed to be deposited with the Archivist for open viewing. Committee Reports and findings are under no restrictions. The State Archives will, upon written or telephone request, do legislative research from its files charging only for the cost of photocopies. It does maintain deposit accounts for persons or firms who frequently require their services. Finally, the legislator who authored the respective bill is a resource, particularly if the person is still in office. Most legislators have a legislative analyst on staff that will discuss legislation with interested parties.

               Independent legislative intent research in California is not impossible, but it can be difficult. Although the above-cited references can resolve statutory language ambiguities, it does involve a degree of effort in order to pull all the resources together. Fee-based services are available that utilize databases of public documents and private collections. These services provide an analysis of the code section and legislation and advise how to best use the documentary evidence. Costs for these services vary according to project, time and the need of the information.

               In conclusion, when ordinary and proper dictionary meaning cannot be construed from a statute, the statute must be read and explored form its historical background. The Law Library has an outline prepared to assist you in conducting legislative intent research. Please ask for a copy on your next visit.