CHAPTER III. DRAFTING AND INTRODUCTION OF BILLS. CHAPTER CONTENTS. PART I. GENERAL CONSTITUTIONAL AND CODE PROVISIONS REGARDING BILL DRAFTING. Sec. 123. Construction of the Codes. (Political Code; Penal Code; Civil Code; Code of Civil Procedure.) Sec. 124. Provisions similar to laws existing at the time of the adoption of the codesHow construed. (Political Code; Code of Civil Procedure; Civil Code; Penal Code.) Sec. 125. Words and phrases. cedure.) (Political Code; Civil Code; Code of Civil Pro Sec. 126. Certain terms used in the codes defined. (Political Code; Civil Code; Code of Civil Procedure; Penal Code.) Sec. 127. Certain statutes preserved after the adoption of the codes. (Political Code; Penal Code.) Sec. 128. The Codes-How cited, etc. (Political Code; Civil Code; Code of Civil Procedure; Penal Code.) Sec. 129. Enacting clause. (Constitution.) Sec. 130. Origin and passage of bills. (Constitution.) (Constitution.) Sec. 132. Local and special laws prohibited. (Constitution.) Sec. 133. Aid to lotteries prohibited. (Constitution.) Sec. 134. Effect of amendment. (Political Code.) Sec. 135. Construction of statutes. (Political Code.) Sec. 136. Repeal of statutes. (Political Code.) Sec. 137. Act repealed not revived by repeal of repealing act. (Political Code.) (Constitution.) PART II. DRAFTING OF APPROPRIATION OF BILLS. (Constitution.) Sec. 141. Appropriations, how made. (Constitution.) prohibited. (Constitution.) Sec. 146. Preparation of state budget-Controller to send out blanks to be filled by heads of departments. (Political Code.) Sec. 147. Same-Controller to send out blanks to Senators and members-elect of Legislature. (Political Code.) Sec. 148. Same-Claims against State. to be filed with Controller. (Political Sec. 149. Same-Controller to furnish tabulated statement. (Political Code.) PART III. DRAFTING OF CODE SECTIONS AND GENERAL LAWS. Sec. 151. Code sections, how amended. (Senate rule.) Sec. 152. Form for bill adding new code section. Sec. 153. Form for bill amending an existing code section. Sec. 154. Form for bill repealing a code section. Sec. 155. Form of bill amending a general law. Sec. 156. Form for new general law. Sec. 157. Form for bill with urgency section. PART IV. DRAFTING OF CONSTITUTIONAL AMENDMENTS AND JOINT AND CONCURRENT RESOLUTIONS. Sec. 158. Constitutional amendments, and joint and concurrent resolutions, how distinguished from bills. (Joint rule.) Sec. 159. Joint and concurrent resolutions distinguished. (Joint rule.) PART V. INTRODUCTION OF BILLS. (Joint rule.) Sec. 163. Use of word "bill." (Joint rule.) (Senate rule.) (Assem Sec. 169. Joint and concurrent resolutions and constitutional amendments. bly rule; Senate rule.) Sec. 170. Petition to be presented with a brief statement of contents. (Assembly rule.) Sec. 171. Introduction and first reading of bills, etc. (Form.) Sec. 172. Introduction of concurrent resolution. (Form.) Sec. 173. Request for introduction of bill. (Form.) Sec. 174. Report of Committee on Introduction of Bills. (Form.) Sec. 175. Withdrawal of bill. (Form.) PART I. GENERAL CONSTITUTIONAL AND CODE SEC. 123. CONSTRUCTION OF THE CODES. The rule of the common law that statutes in derogation thereof are to be strictly construed, has no application to these codes. The codes establish the law of this State respecting the subjects to which they relate, and their provisions and all proceedings under them are to be liberally construed, with a view to effect its objects and to promote justice. (Political Code, sec. 4; Civil Code, sec. 4; Code of Civil Procedure, sec. 4; Penal Code, sec. 4.) SEC. 124. PROVISIONS SIMILAR TO LAWS EXISTING AT THE TIME OF THE ADOPTION OF THE CODES, HOW CONSTRUED. The provisions of these codes, so far as they are substantially the same as statutes existing at the time of the enactment of the codes, must be construed as continuations thereof, and not as new enactments. (Political Code, sec. 5; Code of Civil Procedure, sec. 5; Civil Code, sec. 5; Penal Code, sec. 5.) SEC. 125. WORDS AND PHRASES. Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition. (Political Code, sec. 16; Civil Code, sec. 13; Code of Civil Procedure, sec. 16.) SEC. 126. CERTAIN TERMS USED IN THE CODES DEFINED. Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as a natural person; writing includes printing and typewriting; oath includes affirmation or declaration; every mode of oral statement under oath or affirmation is embraced by the term "testify," and every written one in the term "depose"; signature or subscription includes mark, when the person can not write, his name being written near it by a person who writes his own name as a witness; provided, that when a signature is made by mark it must, in order that the same may be acknowledged or serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto. The following words, also, have in this code the signification attached. to them in this section, unless otherwise apparent from the context: 1. The word "property" includes both real and personal property; 2. The words "real property" are co-extensive with lands, tenements, and hereditaments; 3. The words "personal property" include money, goods, chattels, things in action, and evidences of debt; 4. The word "month" means a calendar month, unless otherwise expressed; 5. The word "will" includes codicil; 6. The word "writ" signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings; 7. The word "vessel," when used with reference to shipping, includes ships of all kinds, steamboats, and steamships, canal boats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons; 8. The term “peace officer" signifies any one of the officers mentioned in section eight hundred and seventeen of the Penal Code; 9. The term "magistrate" signifies any one of the officers mentioned in section eight hundred and eight of the Penal Code; 10. The word "state," when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the district and territories. 11. The word "section" whenever used in this code refers to a section of this code, unless some other code or statute is expressly mentioned. (Political Code, sec. 17; Civil Code, sec. 14; Code of Civil Procedure, sec. 17; Penal Code, sec. 7.) SEC. 127. CERTAIN STATUTES PRESERVED AFTER ADOPTION OF THE CODES. Nothing in either of the four codes affects any of the provisions of certain statutes, but such statutes are recognized as continuing in force, notwithstanding the provisions of the codes, except so far as they have been repealed or affected by subsequent laws. (For complete list of exempted statutes, see Political Code, sec. 19 and Penal Code, sec. 23.) SEC. 128. THE CODES-HOW CITED, ETC. The codes, whenever cited, enumerated, referred to, or amended, may be designated simply as The Political Code, The Civil Code, etc., adding, whenever necessary, the number of the section. (Political Code, sec. 20; Civil Code, sec. 21; Code of Civil Procedure, sec. 19; Penal Code, sec. 24.) SEC. 129. ENACTING CLAUSE. *** The enacting clause of every law shall be "The people of the State of California do enact as follows: ***'' (Constitution, art. IV, sec. 1.) SEC. 130. ORIGIN AND PASSAGE OF BILLS. No law shall be passed except by bill. *** Any bill may originate in either house, but may be amended or rejected by the other; *** and no bill shall become a law without the concurrence of a majority of the members elected to each house. (Constitution, art. IV, sec. 15.) SEC. 131. TITLE OF LAWS-REVISION AND AMENDMENT. Every act shall embrace but one subject, which subject shall be expressed in its title. But if any subject shall be embraced in an act which shall not be expressed in its title, such act shall be void only as to so much thereof as shall not be expressed in its title. No law shall be revised or amended by reference to its title; but such act revised or section amended shall be re-enacted and published at length as revised or amended; and all laws of the State of California, and all official writings, and the executive, legislative, and judicial proceedings shall be conducted, preserved, and published in no other than the English language. (Constitution, art. IV, sec. 24.) SEC. 132. LOCAL AND SPECIAL LAWS PROHIBITED. Section 25 of article IV of the Constitution prohibits the passage by the Legislature of local or special laws in a long list of enumerated instances. SEC. 133. AID TO LOTTERIES PROHIBITED. The Legislature shall have no power to authorize lotteries or gift enterprises for any purposes. *** (Constitution, art. IV, sec. 26.) SEC. 134. EFFECT OF AMENDMENT. Where a section or part of a statute is amended, it is not to be considered as having been repealed and re-enacted in the amended form; but the portions which are not altered are to be considered as having been the law from the time when they were enacted, and the new provisions are to be considered as having been enacted at the time of the amendment. (Political Code, sec. 325.) SEC. 135. CONSTRUCTION OF STATUTES. The general rules for the construction of statutes are contained in the preliminary provisions of the different codes. (Political Code, sec. 326.) SEC. 136. REPEAL OF STATUTES. Any statute may be repealed at any time, except when it is otherwise provided therein. Persons acting under any statute are deemed to have acted in contemplation of this power of repeal. (Political Code, sec. 327.) SEC. 137. ACT REPEALED NOT REVIVED BY REPEAL OF REPEALING ACT. No act or part of an act, repealed by another act of the Legislature, is revived by the repeal of the repealing act without express words reviving such repealed act or part of an act. (Political Code, sec. 328.) SEC. 138. AMENDATORY ACT-WHEN VOID. An act amending a section of an act repealed is void. (Political Code, sec. 330.) SEC. 139. WHEN STATUTES TAKE EFFECT THE URGENCY SECTION. No act passed by the Legislature shall go into effect until ninety days. after the final adjournment of the Legislature which passed such act, except acts calling elections, acts providing for tax levies or appropriations for the usual current expenses of the State, and urgency measures necessary for the immediate preservation of the public peace, health, or safety, passed by a two-thirds vote of all of the members elected to each |