Legal Definitions - declaratory statute

A declaratory statute is a type of law passed by a legislative body that aims to clarify, confirm, or declare what the existing law is or has always been understood to be. Unlike statutes that create entirely new rights, duties, or prohibitions, a declaratory statute primarily serves to resolve ambiguities, affirm interpretations, or correct misunderstandings about current legal principles. It essentially "declares" the true meaning or intent of an existing law, often in response to conflicting court decisions, public confusion, or evolving circumstances.

Here are some examples to illustrate this concept:

• Imagine a state has an old law regarding "public access to navigable waterways." Over the years, different courts have interpreted this law inconsistently, leading to confusion about whether private landowners can restrict access to certain rivers or lakes. The state legislature might then pass a declaratory statute explicitly stating that "navigable waterways" include all rivers and lakes capable of supporting recreational use, and that public access cannot be denied by private landowners. This statute doesn't create a new right; rather, it clarifies and confirms the original intent and scope of the existing public access law.

  This example illustrates a declaratory statute because it resolves ambiguity in an existing law ("public access to navigable waterways") by providing a definitive interpretation, rather than establishing a brand new legal principle.

• Consider a situation where a new technology emerges, like cryptocurrency, and there's uncertainty about how existing financial regulations apply to it. Some financial institutions might treat it as a security, while others consider it a commodity. To provide clarity and ensure consistent application of the law, the legislature could pass a declaratory statute affirming that, for the purposes of a specific existing financial regulation, cryptocurrency is to be classified as a "digital asset" subject to certain reporting requirements. This statute doesn't invent new regulations for cryptocurrency from scratch but clarifies how existing regulatory frameworks apply to this novel technology.

  This demonstrates a declaratory statute by clarifying how an existing body of law (financial regulations) applies to a new and previously undefined subject (cryptocurrency), thereby resolving legal uncertainty.

• Suppose a city has a long-standing ordinance requiring "reasonable accommodation" for employees with disabilities, but there's ongoing debate about what constitutes "reasonable" for certain types of mental health conditions. After several court cases with differing outcomes, the city council might pass a declaratory statute specifying that "reasonable accommodation" for mental health conditions includes flexible work schedules, quiet workspaces, and access to mental health resources, provided these do not impose undue hardship on the employer. This statute clarifies the scope and meaning of the existing "reasonable accommodation" requirement without creating a new obligation to accommodate disabilities.

  This example shows a declaratory statute clarifying the meaning of a broad term ("reasonable accommodation") within an existing ordinance, providing specific guidance where previous interpretations were inconsistent.