Saving vs grandfather points | california globe

What is the difference between a saving clause and a grandfather clause? Both are transitional provisions contained in legislation.

The saving clause is usually used to preserve existing rights or powers that would otherwise be affected by the new law. In essence, the salvage clause retains the right or authority, despite the amendment of a new law or the repeal of a previous law.

On the other hand, the term “grandfather” is defined by the California Legislative Council Office as “a legal exception where the situation is governed by the old law and the new law applies to all future similar situations.”

Under other state drafting guidelines, the safeguard clause is used to exempt existing rights, duties, or procedures from the provisions of the new law, thereby limiting the bill’s application when it becomes law. In addition, a safeguard clause provides a means to enforce rights or redress, and to correct or modify existing law when an existing remedy is inadequate.

A grandfather clause is a form of safeguard clause that makes a change in law inapplicable to persons whose rights have been established or to situations that occurred prior to the date the law was changed. The grandfather clause usually applies for a short period of time.

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