Legislative Intent Service's Engrossment

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Legislative Intent Service's Engrossment

January 18, 2006

Deconstructing
Third DCA Ruling Addressing
Legislative History Documents

This summer, the 3rd DCA published Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. in response to a motion for judicial notice of selected documents in the legislative history of a 1998 bill. It drew the attention of litigation and appellate attorneys because it appeared to state it would no longer accept a motion for judicial notice of a complete, compiled legislative history where the documents are not segregated and no attempt was made in the memorandum of points and authorities to justify each request for judicial notice. This Court provided a laundry list of legislative history documents constituting cognizable legislative history and those not constituting legislative history for the 3rd DCA. We responded with an article published at our website that deconstructed the opinion and offered points and authorities in support of the opposite view espoused by the court. Our article noted that Legislative Intent Service has accumulated more than 700 cases in its unabridged points and authorities on Legislative History and Intent as Aides to Statutory Construction, and Authority and Procedure for Judicial Consideration of Legislative History and Intent, both of which are available free online at legintent.com. In the majority of these cases, courts, including the state Supreme Court and the 3rdDCA, have utilized legislative history materials found in both lists to construe statutory language, with some directly discussing the propriety of using a particular document type as an aide to statutory construction while most simply refer to and use the document type, demonstrating an inference that the document was found properly judicially noticeable. You can read the entire article at our website.

posted at 3:59 PM by info

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