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Committee approves parental-rights language and records legislative intent ("do not codify")

JUDICIARY COMMITTEE - SENATE · February 27, 2019
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Summary

Senate Bill 287 was amended and passed; it includes legislative findings about parental rights marked 'do not codify' that sponsors said provide legislative intent for courts. Department of Children and Family Services supported the bill; committee discussed how such intent statements are used by courts.

Senate Bill 287, presented by Senator Clark, includes language regarding parental rights and a legislative findings section marked "do not codify" that the sponsor said is intended to express legislative intent rather than become part of codified law. Mission Martin, director of the Division of Children and Family Services, testified in support of the bill.

During questions, committee members asked where "do not codify" language is stored and how courts might use it. Defense counsel Jeff Rosenzweig explained that such noncodified findings remain part of the enacted bill and may be consulted by courts seeking legislative intent, though judges vary in how much weight they give intent statements.

The committee adopted an amendment to the bill and passed it by voice vote.