Legislative History Tutorial

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LSV I 2023

Tutorial Legislative History

Why should we care?

“The greatest defect of legislative history is its illegitimacy. We are governed by laws, not by the intentions of legislators.” – Late Associate Justice Antonin Scalia (1993)

“Legislative history is of course not the law, but that does not mean it cannot aid us in our understanding of a law.” – Associate Justice Sonia Sotomayor (2018)

* Be aware that this can be a contentious issue . . .

• Follows a law from start to finish -- helps a researcher determine legislative intent

• May answer or provide evidence for a question as to how a statute should be applied or enforced

• May help clarify amibiguity

Legislative History

*Click a button to learn more about each document!

What documents are considered part of legislative history?

Committee Prints

Committee Markups

Committee Hearings

Bills

House & Senate Documents

Floor Proceedings (debates, votes)

Committee Reports

*Hover for examples!

The federal Legislative Process

Your supervisor would like you to research the phthalate provisions and intent of this act.

Step 3 Use legislative history resources to compile the documents

Step 2 Check for a Compiled Legislative History

Step 1 Find the statute and then locate the P.L., Bill No. or Stat. citation

You are a summer intern at a local Miami-based legal aid organization. The organization has taken on a new case and would like you to assist the lead attorney with the research. The new client is a father with a 14 year old daughter. Upon the birth of his child in 2008, he purchased a personalized plastic baby rattle as her first toy. This rattle was manufactured by the Bamboozled Toy Company (BTC). The toy quickly became the baby girl's favorite possession and she played with it and held it constantly throughout her early childhood. Several years ago, the client's daughter began having severe difficulty breathing. After an examination by her pediatrician, she was diagnosed with acute asthma. There is no history of asthma in either of her parent's families. Testing revealed elevated phthalate levels. The client performed extensive research and eventually discovered that his daughter's favorite toy contained a class of chemicals called phthalates. While investigating these chemicals, he also discovered that use of phthalates in toys is illegal under the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. § 2057c). The company admits to adding the chemicals to some of its toy products, however, the GC for BTC argues that the rattle purchased by the client was part of BTC's old inventory that it sells in its outlet stores at a discounted price. As such, BTC believes that the act does not apply to pre-act manufactured inventory.

Federal Hypo

*Click the numbers below for each step!

Search

• Congress.gov >> PL No. >> Find committee
• Govinfo >> Committees >> Energy & Commerce
• 110th Congress, House Hearings
• ProQuest Congressional, search "Consumer Product Safety" AND inventory
• Westlaw or Lexis - e.g. H.R. REP. 110-501

• No 2008 Improvement Compilation
• Orginal act is available

• 15 U.S.C. 2057c (phthalates)
• 15 U.S.C § 2058(g)(i) (inventory)

Your supervisor would like you to research the phthalate provisions and intent of this act.

Step 3 Use legislative history resources to compile the documents

Step 2 Check for a Compiled Legislative History

Step 1 P.L. 110-314 (phthalates) P.L. 92-573 (original)

While investigating these chemicals,the client discovered that use of phthalates in toys is illegal under the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. § 2057c). The company admits to adding the chemicals to some of its toy products, however, the GC for BTC argues that the rattle purchased by the client was part of BTC's old inventory that it sells in its outlet stores at a discounted price. As such, BTC believes that the act does not apply to pre-act manufactured inventory.

Federal Hypo

Try it out!

Search

• Go to flsenate.gov/session/bills
• Search 501.203, Session 2017

• HB 1379

• Fla. Stat. 501.203
• ch. 2017-155

Your supervisor would like you to research the intent behind Sec. 501.203's definitions.

Step 3 Use the FL Senate or FL Senatre archives to find staff analyses

Step 2 Go to Laws of Florida and find the bill number

Step 1Look at statute's credits and locate the ch. no. and year

Assume the facts are the same and you are now tasked with finding more information on whether the client has standing to sue based on Florida's Deceptive Trade Practices statute (Fla. Stat. § 501.203).

State Hypo

Try it out!

End of Tutorial

LSV I TutorialLegislative History