Sentences with phrase «for legislative intent»

How does that change the hunt for legislative intent?

It may be that due respect for legislative intent is reflected not in semantics or presumptions about what sort of review attends a question of law, but in realistically defining what is a question of law (as compared to exercise of discretion or mixed fact and law).

Not exact matches

As expected, the Department of Homeland Security said it would shut down the Deferred Action for Childhood Arrivals program in six months — what officials called an «orderly wind down» — with the intent of giving Congress time for a potential legislative fix.

It has been around for decades and debated repeatedly by members of the State Assembly so there is no confusion as to what the legislative intent is.

Based upon the legislative intent to promote open government and public accountability for governmental actions, Freedom of Information Law provides a means of access to the records of government, with certain Exceptions that are enumerated in Public Officers Law § 87 (2).

According to this year's state - sponsored evaluation of charter schools by California's nonpartisan Legislative Analyst, charter schools «are meeting original legislative intent: expanding families» choices, encouraging parental involvement, increasing teacher satisfaction, and raising academic achievement, particularly for certain groups of disadvantaged studeLegislative Analyst, charter schools «are meeting original legislative intent: expanding families» choices, encouraging parental involvement, increasing teacher satisfaction, and raising academic achievement, particularly for certain groups of disadvantaged studelegislative intent: expanding families» choices, encouraging parental involvement, increasing teacher satisfaction, and raising academic achievement, particularly for certain groups of disadvantaged students.»

Our primary argument before the Texas Supreme Court focused on the legislative intent behind the 2015 amendments to Chapter 12 of the Education Code and the comprehensive statutory framework set forth by the state legislature for public charter schools in Texas.

«While legislators had valid reasons for promulgating the PFIC regulations, namely to discourage US citizens from deferring or avoiding US taxation by investing in non-US corporations, the PFIC rules are over-inclusive In practice, the PFIC regime captures assets that do not facilitate the legislative intent of preventing tax evasion and tax deferral.

In the case of puppy mills the greatest efforts have gone into exposing the horrors of factory farming pets, with the intent of generating public support for legislative measures that will improve conditions in high - volume breeding operations.

07/24/13 - Cleveland Scene - Caged: How Ohio Politicians Keep the State's Puppy Mill Business Booming with Little Regulation 06/27/13 - Animal Law Coalition - Proposed OH Puppy Mill Regulations «Terrible» 05/13/13 - Bargain Hunter - Dog kennel inspectors will be focused on Holmes county, surrounding areas 11/29/12 - The Best Friends Blog - After decades of frustration, a new strategy against puppy mills Excerpt from this article: In the case of puppy mills the greatest efforts have gone into exposing the horrors of factory farming pets, with the intent of generating public support for legislative measures that will improve conditions in high - volume breeding operations.

Over at least the past five years, the Kochs and Koch - backed groups like the American Legislative Exchange Council (ALEC) have been pushing to increase the «intent» standard for criminal violations, particularly for so - called «white collar» crime and executive suite criminals.

«We are happy this lawsuit is moving forward with an appeal,» says Eric Steenstra, President of Vote Hemp, a non-profit organization working to bring industrial hemp farming back to the U.S. «We feel that the lower court's decision not only overlooks Congress's original legislative intent, but also fails to stand up for fundamental states» rights against overreaching federal regulation.

Hemp Production; Citing this act as the «Hemp Industry Development Act»; providing that hemp is an agricultural crop; providing legislative intent; requiring registration of hemp producers; providing registration requirements; providing exemptions; requiring rulemaking; providing for an affirmative defense to certain charges relating to cannabis; providing exceptions to other laws, etc..

However, at the end of the day, evidence of intent is a poor substitute for legislative clarity.

During the hearing, two judges apologized «if the building exceeded legislative intent» and Florida Supreme Court Justice Charles Canady promised to issue an order that would require closer scrutiny of future capital projects for courts.

The legislative intent was to protect employers from the unpredictability of litigation and protect the public from the burden of «caring for the helpless human wreckage found along the trail of modern industry.»

Paper addresses the legislative history of Bill 187 with its original stated intent (to eliminate deeming); expansion of deeming in the subsequent draft policies by introducing the concept of «under - employment»; recommendations for a policy that complies with past practice, founding principles and current wording of the Act; call for Board research on employment outcomes after retraining.

For the Court of Appeal, Horizon's interpretation would ``... require this Court to divine legislative motivations that go beyond the legislative intent as expressed in the words of the statute.»

Erica Anderson, Research Librarian at the Ontario Legislative Library, and Susan Barker, Digital Services and Reference Librarian at the Bora Laskin Law Library, recently wrote an excellent article exploring legislative intent research for the Canadian Parliamentary Review, Cinderella at the Ball: Legislative Intent in CanadLegislative Library, and Susan Barker, Digital Services and Reference Librarian at the Bora Laskin Law Library, recently wrote an excellent article exploring legislative intent research for the Canadian Parliamentary Review, Cinderella at the Ball: Legislative Intent in Canadlegislative intent research for the Canadian Parliamentary Review, Cinderella at the Ball: Legislative Intent in Canadian Cintent research for the Canadian Parliamentary Review, Cinderella at the Ball: Legislative Intent in CanadLegislative Intent in Canadian CIntent in Canadian Courts.

This creates a labyrinth of documentation to navigate for any complex matter where legislative intent is important, but it limits the ability of legislators to capriciously enact laws.

Review agency and legislative hearings and transcripts to determine intent, potential additions and changes in the law, or for additional guidance to assess the impact on industry and company practices

The Alberta Court of Appeal gave us a surprising new exception to the presumption of deference owed to statutory tribunals by ruling in Capilano, ABCA that the statutory right of appeal set out in section 470 of the Municipal Government Act demonstrates a legislative intent for an intrusive judicial role into municipal property tax assessment and therefore is an indication that the standard of review should be correctness (see Where Are We Going on Standard of Review in Alberta?

For the second issue, the court determined that it was not necessary to determine whether the prejudgment rate was substantive or procedural in nature but rather held that the legislative intent of the change intended to apply to causes of action that had already arisen but had not yet been tried.

Therefore, this Comment argues for an investigation of legislative intent.

In administrative law cases, it is always necessary to ask «what the appropriate standard of review is for this question decided by this decision maker» (at para. 71, emphasis original): «The contextual standard of review analysis ensures that legislative intent is respected and the rule of law is protected when courts review decisions of administrative actors» (at para. 89).

If this construction is not possible, courts will look for express language in the later statute, or an intent in its legislative history, indicating that Congress intended the later statute to repeal the earlier one.

And this ups the interpretive ante quite nicely, making clear for those who pursue legislative intent what the anti-gay purpose is, and declaring by (necessary?)

The legislative intent is to prevent risky behavior, not just to punish people for damages that result from risky acts.

16 SB 319 / HCSFA S. B. 319 (SUB)- 1 - HOUSE SUBSTITUTE TO SENATE BILL 319 A BILL TO BE ENTITLED AN ACT 1 To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and 2 businesses, so as to provide that professional counseling includes diagnosing emotional and 3 mental problems and conditions; to clarify that persons licensed as professional counselors, 4 social workers, and marriage and family therapists are not authorized to conduct 5 psychological testing; to provide for legislative findings and intent; to provide for a 6 curriculum of continuing education relating to diagnosing; to provide for the establishment 7 of rules and regulations regarding testing conducted by licensed professional counselors; to 8 clarify that psychological testing is part of the practice of psychology; to provide that certain 9 licensed persons are able to perform certain tests other than psychological testing; to revise 10 definitions; to amend Code Section 37 -1-1 of the Official Code of Georgia Annotated, 11 relating to definitions relative to the general provisions governing and regulating mental 12 health, so as to conform a cross-reference; to provide for related matters; to provide an 13 effective date; to repeal conflicting laws; and for other purposes.

[FN114] As with other provisions, nothing suggests a legislative intent to limit parenting classes to those who seek interim orders, and the idea that such classes should be undertaken as soon as possible does not account for the cases in which no interim order is requested.

2d 651) holding that no cause of action exists under the Property Condition Disclosure Act; court finds buyer entitled to $ 500.00 credit under RPL § 465 (1) where seller delivered an incomplete Property Condition Disclosure Statement; seller failed to perform the duty to deliver a Disclosure Statement pursuant to the PCDA when the statement was incomplete; cause of action exists under RPL § 462 (2) for willful failure to perform the requirements of the PCDA where (i) a deliberate misstatement or misstatements in a fully completed and timely delivered PCDS regarding the defective condition complained of (ii) that would tend to assure a reasonably prudent buyer that no such condition existed, and (iii) which a professional inspector might not discover upon an inspection of the premises that would meet generally accepted standards in the trade; definition of «willful failure to perform» acknowledges legislative intent not to alter the respective burdens of the buyer and seller in the transactions; statutory cause of action replaces buyer's burden of having to plead and prove the seller's active physical concealment of the condition with proof that the misstatement about the condition on the PCDS was deliberate