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Topic: Legislative intent


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In the News (Sat 28 Nov 09)

  
  Legislator - Wikipedia, the free encyclopedia
Legislators are usually politicians and are often elected by the people, as is in the United States.
Legislators may be supra-national (for example, the European Parliament), national (for example, the US Congress), regional (for example, the Scottish Parliament) or local (for example, local authorities).
When there is room for interpretation, the intents of the legislator will be questioned, and the court is supposed to rule in the direction that it judges to fit the legislative intent the best — which can be uneasy, in the case of conflicting laws or constitutional provisions.
en.wikipedia.org /wiki/Legislator   (268 words)

  
 Law Library Resource Guides: Legislative History   (Site not responding. Last check: 2007-11-06)
In such cases, one will look for the "legislative history" of the statute; that is, you want to ascertain the intent of the Congress ("legislative intent") in passing the law.
As a great many conflicting and inconsistent statements may be made by different persons during the legislative process, and because a legislative body with several hundred members can hardly be said to have a single "intent", the whole concept of a "legislative intent" could be called into question.
Legislative History Tables are also given in the last bound volume for each year.
www.iulaw.indy.indiana.edu /library/Legislative_History.htm   (761 words)

  
 San Mateo County Law Library: Legislative Intent Research in California Article
Legislative intent research has become particularly important when the intent of the statute cannot be determined on its face due to ambiguously drafted language.
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 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.
www.smcll.org /leg_intent_article.html   (1143 words)

  
 Legislative History (DLS Legislative Reference Center)
The terms "legislative history" and "legislative intent" are often used interchangeably by researchers whose goal is to determine the intent of a particular bill or specific language enacted by the General Assembly of Virginia.
Legislative draft (LD) files are created by the Division of Legislative Services' staff when the request to draft a bill is received.
The intent of the General Assembly in passing the bill is generally not recorded, and if it is, it is printed on the face of the bill or referenced in the Code of Virginia.
dls.state.va.us /lrc/leghist.htm   (1007 words)

  
 NCSCT LIB LEGHIST
A legislative history is a compilation of documents which were produced during the process of a bill becoming a law.
In North Carolina, the legislative history of a statute may be a factor in determining legislative intent.
Legislative requests to undertake studies may be confirmed by review of indexes to the North Carolina Session Laws.
www.aoc.state.nc.us /www/copyright/library/liblegh.html   (1185 words)

  
 Legislative Intent and Legislative History
Legislative intent refers to what lawmakers had in mind in passing an act or statute.
Legislative history is the written and spoken record that documents the stages in the passage of a bill or resolution as it goes through the legislative process.
Standing committees are those which meet during the legislative session and interim committees are those which meet during the rest of the year to study potential legislation in depth and make recommendations to the legislature.
historyresearch.utah.gov /guides/leghist.htm   (1457 words)

  
 HOUSE BILL NO. 375 - Approp, Public Schools
It is legislative intent that $425,000 of the moneys appro- 5 priated in Section 3 of this act be distributed by the Superintendent of Pub- 6 lic Instruction as grants to teachers or groups of teachers for the develop- 7 ment of creative and innovative instructional methods or curriculum.
It is legislative intent that the funds for the Idaho Safe 28 and Drug-Free Schools Program referenced in Section 13 of this act shall be 29 distributed as follows: $100,000 may be utilized by the Superintendent of Pub- 30 lic Instruction for program administration, technical assistance and evalua- 31 tion.
It is legislative intent that $500,000 of the moneys appro- 28 priated in Section 3 of this act be distributed to train general education 29 teachers, gifted/talented (G/T) facilitators, administrators and/or parents to 30 better meet the needs of gifted/talented students.
www3.state.id.us /oasis/1999/H0375.html   (1802 words)

  
 REFERENCES: NC LEGISLATIVE HISTORY
Legislative history is a factor to consider in determining legislative intent.
The court reasoned that to consider this explanation of legislative staff attorneys would be analogous to considering subsequent "affidavits of members of the legislature" as evidence of the statutory scheme they had participated in adopting, or to considering subsequently written "commentaries printed with the North Carolina General Statutes" in determining legislative intent.
This intent 'must be found from the language of the act, its legislative history and the circumstances surrounding its adoption which throw light upon the evil sought to be remedied.'"); Milk Comm'n v.
www.aoc.state.nc.us /www/copyright/library/leghrefs.htm   (6094 words)

  
 The Legislative Lawyer - Vol. 11, No. 1 Winter 1997   (Site not responding. Last check: 2007-11-06)
There is a difference between legislative declaration sections (statement of the reasons for a desired result) and legislative intent sections (statement of the desired result).
If a legislative intent statement is included in a bill, it should accurately reflect the intent of the legislature and must remain accurate as the bill is amended in the legislative process.
If a legislative intent statement is to be included in a bill, clearly understand the purpose to be served by the statement.
www.ncsl.org /programs/legman/LegalSrv/Vol11No1.htm   (5942 words)

  
 3. The Legislative Intent
The framework of the legislation is the result of many hours of deliberation by senior policy advisers and the final result is endorsed by ministers.
There is a clear indication in the legislation that to "establish the basis for selection according to merit", [55] standards for selection and assessment may be prescribed.
It is an important feature of the legislation and revealing as to the unlimited trust in the Commission that it is the Commission that has the authority to design the standards.
www.psc-cfp.gc.ca /recours/shoemaker/inten_e.htm   (2057 words)

  
 Illinois Legislative History--Albert E. Jenner, Jr. Memorial Law Library
Legislative history refers both to the chronology of events that take place as a bill goes through the legislative process and the statements and documents generated during that process.
These records of the process may contain remarks by the sponsor(s) of the legislation as to his/her/their intent in introducing the bill and the comments of other legislators regarding their understanding of the bill's purpose.
Researchers of Illinois legislative intent are cautioned that it may not be possible to locate clear statements in the materials described in this guide because legislators frequently do not explain their intent or understanding in published sources.
library.law.uiuc.edu /sub/leghistory.htm   (1276 words)

  
 17-1-501. Legislative intent.   (Site not responding. Last check: 2007-11-06)
(1) It is the intent of the legislature, by establishing criteria for the review and evaluation of revenue dedication provisions, to ensure that provisions for revenue dedication:
(d) are subject to the same legislative scrutiny as programs or activities funded from the general fund.
(3) When revenue is dedicated to a local government, it is the intent of the legislature that the dedicated revenue provision be reviewed in the context of the policy and purpose expressed in 15-1-120.
data.opi.mt.gov /bills/mca/17/1/17-1-501.htm   (174 words)

  
 A Historical Review of Affirmative Action and the Interpretation of Its Legislative Intent by the Supreme Court
The overall intent is to allow state agencies to implement their own programs and proceed ings to eliminate discrimination, thereby providing a more effective mechanism for achieving the congressional goal of eliminating employment discrimination.
Adhering to the legislative intent of Title VII, the Court acknowledged that reasonable race-conscious measures meant to achieve the purposes of Title VII were allowable in situations where the measures imposed were voluntary.
As the legislative intent of laws attempting to level the playing field have shown, it is necessary to acknowledge race as a factor and provide some remedial action in order to alleviate the historic problem of racial inequity.
www.uakron.edu /lawrev/brody1.html   (11365 words)

  
 San Mateo County Law Library: Legislative Intent Research in California Guide
Legislative intent research of California laws can be difficult, but not impossible.
Remember that legislative intent is a reflection of the entire Legislature not just the bill's author.
Legislative resource materials include: Governor's Chaptered Bill Files, 1943 to date; Committee Bill Files, 1960 to date; Committee Hearing Files, 1940 to date; Author's Bill Files, 1950 to date; Agency Legislative Records, various dates; Legislative Bill Files, 1849 to date (incomplete).
www.smcll.org /leg_intent_guide.html   (513 words)

  
 NYS Library: Legislative Intent   (Site not responding. Last check: 2007-11-06)
Legislative intent, also referred to as legislative history or legislative purpose, is a relatively recent tool in statutory construction.
Instead, researching legislative intent in New York involves original research of documentary records.
Documentation on legislative intent may exist in the form of a sponsor's memo, the Governor's approval message, memoranda from State agencies and legislators, and comments or reports from legislative committees, commissions, bar associations, and lobbying groups.
www.nysl.nysed.gov /legint.htm   (403 words)

  
 LRL | Researching Legislative History and Intent | Start
Legislative histories in Texas are not already written; they must be compiled by the individual researcher from many materials.
While the Legislative Reference Library is unable to provide this service for the public, private firms specializing in this type of research can gather the pertinent materials for you, transcribe and analyze their content, and summarize the evidence in a detailed report.
Researchers who wish to acquire a comprehensive legislative history, rather than compiling and writing their own, are encouraged to contact a legislative intent research firm.
www.lrl.state.tx.us /legis/intent   (311 words)

  
 Winston-Salem Journal | 'Legislative intent' isn't easy for courts to pin down
And "legislative intent" is not what lawmakers meant to do, if only they had crafted a clearer piece of legislation.
In the provisional ballots case, Democratic lawmakers howled this past week that the Supreme Court misinterpreted their intent when the justices concluded the General Assembly did not mean to allow voters to cast ballots in the wrong precinct on Election Day.
Sued by the county, Easley responded that he couldn't determine legislative intent because the law was unclear.
www.journalnow.com /servlet/Satellite?pagename=WSJ%2FMGArticle%2FWSJ_BasicArticle&c=MGArticle&cid=1031780810079&path=%21localnews&s=1037645509099   (939 words)

  
 Federal Legislative History Research: A Practitioner's Guide to Compiling the Documents and Sifting for Legislative ...
Legislative histories can be very extensive, especially for laws with many titles and sections and on legislative matters that may have been percolating over several congresses in various legislative measures.
Traditionally, the legislative history of a U.S. public law is looked to by federal agencies, attorneys and the courts in order to determine the c ongressional intent of a particular statute or one of its provisions, especially if the plain reading of the statutory text is somewhat ambiguous.
Legislation written by the members of the President's Administration also follows this process and a committee chairman or ranking minority member may be asked to introduce such legislation "upon request".
www.llsdc.org /sourcebook/fed-leg-hist.htm   (11597 words)

  
 Seeking legislative intent does not contradict common law tradition
There is, however, also the view that under common law, unless the provision in question is ambiguously worded, it is not necessary to find out the legislative intent behind it.
As a matter of fact, adhering to the common law tradition and resorting to the Basic Law's legislative intent are not necessarily mutually incompatible.
Upon request by the SAR government, the NPCSC gave its explanation on the legislative intent of Article 22(4) and Article 24(2)(3) of the Basic Law.
www.chinadaily.com.cn /english/doc/2005-03/22/content_426969.htm   (874 words)

  
 The Avalon Project: Madison Debates : May 31
Resolution "that the national Legislature ought to consist of two branches" was agreed to without debate or dissent, except that of Pennsylvania, given probably from complaisance to Docr.
Franklin who was understood to be partial to a single House of Legislation.
[FN8] The sixth Resolution stating the cases in which the national Legislature ought to legislate was next taken into discussion: On the question whether each branch shd.
www.yale.edu /lawweb/avalon/debates/531.htm   (2210 words)

  
 Legislative Analysis and Intent   (Site not responding. Last check: 2007-11-06)
Studying the different versions of the bills may be the best source for insight into legislative intent; often bills are the only data a researcher has to work with in an attempt to determine legislative intent.
Read the legislative counsel’s digest (printed on bills since 1963) on each version, compare and contrast the different versions noting additions and deletions, and look for statements of intent that may have been excluded when codified.
The library is a depository for legislative materials, though its’ collection is not as extensive as the Archives.
www.saclaw.lib.ca.us /LegalGuides/LEGINTENT.htm   (944 words)

  
 Legislative Intent Research
We are the only firm that exclusively researches Texas legislative histories and we are located near the Texas Capitol where the legislative work is accomplished and records are archived.
We can research an average-length legislative history for less than what it costs you to fly a law clerk round trip from Dallas to Austin (not to mention the clerk's hotel and meal expenses if they don't complete the work in one day).
She served as an administrative assistant writing legislation and amendments, and researching statutes for Texas legislators in both the House and the Senate before starting Legislative Intent Research in1984.
www.io.com /~lir   (484 words)

  
 CITES BY TOPIC: legislative intent   (Site not responding. Last check: 2007-11-06)
U.S., 274 U.S. "Acts of Congress are to be construed and applied in Harmony with and not to thwart the purpose of the Constitution." [Phelps v.
U.S., 303 U.S. "Courts should construe laws in Harmony with the legislative intent and seek to carry out legislative purpose.
With respect to the tax provisions under consideration, there is no uncertainty as to the legislative purpose to tax post-1913 corporate earnings.
www.famguardian1.org /TaxFreedom/CitesByTopic/LegislativeIntent.htm   (146 words)

  
 UCF Libraries -- Documenting Florida Legislative Intent   (Site not responding. Last check: 2007-11-06)
Gathering legislative history materials for Federal laws is fairly easy, but the process is more difficult for Florida laws.
Legislative Research at the Florida State Archives provides useful information about the research process and some of the possible problems a researcher might encounter.
Florida Legislative Histories: A Practical Guide to Their Preparation and Use by Carol Roehrenbeck, DandS Publishers, 1986, is available in the Law Collection at the Orlando Public Library, but is out-of-print and is not available at UCF.
library.ucf.edu /GovDocs/training/flaleghist.htm   (392 words)

  
 LEGISLATIVE INTENT ANALYSIS   (Site not responding. Last check: 2007-11-06)
The use of legislative intent materials is becoming more and more important in today's litgation-prone business climate.
Appellate courts at all levels are relying upon Legislative Intent Services ( www.legintent.com) with greater frequency.
An attorney with 20 years direct experience researching and analyzing legislative histories, Dorothy Thomson is a Director of Legislative Intent Service, the Woodland, California based legislative research firm.
www.cce-mcle.com /prod/gn5003.htm   (115 words)

  
 TRS sued for violating legislative intent
A lawsuit has been filed against the Teacher Retirement System of Texas, stating that the TRS is violating legislative intent in its definitions of “professional staff” for the purposes of determining which employees are eligible for the pass-through health insurance supplement.
Interestingly, the basis of the TFT lawsuit is legislative intent that was established at TCTA’s request by Rep. Jim McReynolds (D-Lufkin).
Near the end of the session, when the bill changing the supplement was under discussion, TCTA approached McReynolds and asked him to clarify on the House floor that all nonadministrative professional employees, specifically including teachers, counselors, nurses, librarians, educational diagnosticians and speech pathologists, would receive the supplement.
www.tcta.org /capital/trs/trssuit   (259 words)

  
 Welcome to Legislative Research, Inc.
Win with Legislative Research, Inc., providing legislative intent research since 1983, We can help you discover the true intent of those who wrote the law, legislative intent, legislative history, legislative research, legislative intent, legal research, legislative intent, legislative intent, legislative intent, legislative intent, legislative intent, legislative intent.
Call us today so we can help you uncover the legislative intent to asertain the true intent of the legislature.
Discovering the legislative intent behind the law may help you win your case.
www.lrihistory.com   (105 words)

  
 Special Education Mandate History, Funding and Legislative Intent
The Legislative Analyst's Office (LAO) and Department of Finance (DOF) bill analyses of Chapter 797 document that the Legislature and administration were aware the measure would impose a state-mandated local program.
To ascertain the legislative and administrative intent with regards to the financing elements of Chapter 797, we believe it is best to examine the fiscal system enacted in the measure and the bill analyses commenting on the development of that fiscal system.
Congress passed PL 94-142 in 1975, with the intent of paying 40 percent of the national average excess cost of special education by 1981.
www.lao.ca.gov /1999/Special_ed_Mandate_History_QandA.html   (2162 words)

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