Chapter 4
Bill Drafting
A drafter who is working through the details discussed in this manual
may find it useful to refer from time to time to general principles that
are the framework of all legislative drafting. This introduction is a
summary of those principles.
A drafter should draft a bill so that its substance and form are constitutional. Sometimes, constitutionality is a debatable matter but the drafter should be able to advise the requester of any constitutional problem.
A drafter should draft a bill with knowledge of its legal context and the probable relationship of the old law with the new provision.
A drafter should draft a bill or rule with knowledge of the constitutional, statutory, and common law principles on the construction of statutes.
A drafter should select all appropriate sections to amend or repeal and place new sections (by proper coding) in order to preserve the fabric of statutory law.
A bill is the most common legislative vehicle. It is the only form which carries the words "an act" in its title and uses the enacting clause that is prescribed by the Constitution. The exact form of a bill varies according to its purpose. The purpose may be any one or combination of the following:
The framework of each bill draft is standard only in a broad sense. Each bill is a custom product and the drafter may modify the framework if it is necessary to draft an effective bill.
Bills usually follow this outline:
The following discussion considers each of the parts of the bill separately.
At the end of this chapter is a set of examples to illustrate the matters discussed.
The Minnesota Constitution provides in article IV, section 17, that "No law shall embrace more than one subject, which shall be expressed in its title." Joint Rule 2.01 states: "The title of each bill shall clearly state its subject and briefly state its purpose."
In view of these provisions, the drafter has three objectives in drafting a title:
The one subject rule is intended to prevent logrolling and riders.
Despite the seeming simplicity of this rule, it can be very difficult to
comply with. One reason is that legislation may treat a subject
comprehensively and cover a wide range of material. Another reason is
that the legislative process exerts pressure to compromise by combining
legislation.
There is one subject when all matters contained in the bill are clearly related to each other. If there is any doubt about the relation of several subjects in a bill, the drafter should do one of two things:
The former course is normally preferred by legislators because of the difficulty of shepherding a second bill through the legislative process. Drafters are sometimes required by a member to ignore the one subject rule and to draft a bill combining what, to the drafter, are clearly two subjects.
The requirement that the contents of a bill be expressed in the title is intended to give fair notice to everyone of what the bill contains. It prevents legislation by deception. It also reinforces the anti- logrolling and anti-rider restriction of the "one subject" rule.
To avoid difficulties, the drafter should ensure that the title fairly indicates the subject and that nothing is being concealed. In order to accomplish this objective, it is usually better to draft the title after drafting the bill.
If the first phrase in a title refers to a broad topic, several or many parts of that topic may be legitimately treated in the bill. The parts treated may also be mentioned in the title, both for convenience for the reader and to ensure that the subject matter is adequately covered.
But if the parts are mentioned in the title in too great detail, an objection may be made that some further detail has been omitted and that the readers of the title have been misled by the omission. Therefore the drafter must find a middle way between a single laconic generality and a verbose index or recapitulation of the whole bill.
In Minnesota the format of a bill's title has several parts divided by
layout or punctuation. They are:
(1) Opening Phrase.
The opening five words are always "A bill for an act." If the bill is ultimately passed, the phrase is changed in the enrolling process to the words "AN ACT."
Table of Contents
(2) The General Subject.
The general subject almost always begins "relating to ...." The general subject is usually broad. Examples are: education, taxation, highways, state government, energy, or crimes. If the law is a recodification, the general subject should be expressed as "recodifying the laws governing...."
The drafter should consider that the general subject is often used to determine the first committee to which a bill will be referred. If it is possible to select from among several possible general subjects, as it often is, the drafter should use the general subject keyed to the committee to which the bill's sponsor would prefer to have the bill referred.
Table of Contents
(3) The Objects or Parts of the Subject.
These phrases begin with a participle other than "relating to." It may be:
"augmenting"or a similar word. The remainder of the phrase should give the specific thrust of the bill.
"adding"
"authorizing"
"empowering"
"providing"
"creating"
"abolishing"
"limiting"
"restricting"
In two instances legislative custom requires that specific language must be added following the object or specific subject. When a criminal penalty is imposed, the phrase "providing penalties" must be inserted. When the bill contains an appropriation, the phrase "appropriating money" must be inserted in the title after the other specific subject phrase or phrases.
Table of Contents
(4) A List of Existing Sections Amended.
When a section or subdivision of Minnesota Statutes is amended, that section or subdivision must be recited in the title. The format is: "amending Minnesota Statutes 1996, section 12.34."
If only a subdivision is amended, the section and subdivision are designated. An example is: "amending Minnesota Statutes 1996, section 12.34, subdivision 4."
Other variations are set out in the forms in section 9 of this chapter.
Table of Contents
(5) A Statement of the Chapter or Chapters Affected by New Law in
the Bill.
If a new statutory section is included in the bill, the chapter of Minnesota Statutes in which the section is proposed to be coded must be recited in the title. The format is: "proposing coding for new law in Minnesota Statutes, chapter 123." Unlike the recitations in the title of sections amended or repealed, the reference to Minnesota Statutes does not state the date of the edition of the statutes because the proposed coding is prospective and does not refer to an existing publication. The proposed coding is not binding on the revisor when publishing but is usually used in the next edition of Minnesota Statutes.
If new law is an entire proposed new chapter, the appropriate format is: "proposing coding for new law as Minnesota Statutes, chapter 123."
The list of sections amended and repealed gives notice to those interested in particular parts of the statutes that provisions in those parts are affected by the bill. The recitations are also used as an index of statutory sections affected by bills.
Table of Contents
(6) A List of Existing Sections Repealed.
Sections or subdivisions repealed are listed like the amended sections. If a series of consecutive sections is repealed, they may be cited by the first and last numbers of the series. For example "repealing Minnesota Statutes 1996, sections 123.45 to 123.77."
See examples relating to titles (1), (2).
An enacting clause is required in every bill. Its style is fixed by article IV, section 22, of the Minnesota Constitution. Its wording is:
"BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:"
Only bills have enacting clauses. See chapter 6 for the various forms of "resolving clauses" used in resolutions.
Very rarely a lengthy or comprehensive bill may require a citation or short title for convenience or public information. Use of a citation or short title is not encouraged, but one may be used when desirable or if a requester requires.
When used in a bill with more than one section, the citation should be in a separate section immediately following the enacting clause or near the end of the bill immediately preceding the repealer section and effective date section, if any. For example:
|
When written as part of a single section, the short title should be the
first or last subdivision.
|
A short title of this kind may or may not have proposed statutory
coding.
A statement of purpose or policy, sometimes termed "legislative intent" should be used only when essential. If the bill is otherwise clear, as should be the case, a recitation of what the legislature intended should serve no purpose. However, courts sometimes use policy statements to interpret law, and a statement may be appropriate if litigation about intent is expected.
One wordy example of a statement of policy can be found in Minnesota Statutes 1984, section 32A.02. The section prohibited unfair trade practices in the dairy industry.
A somewhat better example is Minnesota Statutes, section 168B.01. It deals with the purpose of the abandoned motor vehicle recycling program.
168B.01 LEGISLATIVE FINDINGS; PURPOSE.
Abandoned motor vehicles constitute a hazard to the health and welfare of the people of the state in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well-being of children and other citizens. Abandoned motor vehicles and other scrap metals also constitute a blight on the landscape of the state and therefore a detriment to the environment. The abandonment and retirement of motor vehicles and other scrap metals constitutes a waste of a valuable source of useful metal. It is therefore in the public interest that the present accumulation of abandoned motor vehicles and other scrap metals be eliminated, that future abandonment of motor vehicles and other scrap metals be prevented, that the expansion of existing scrap recycling facilities be developed and that other acceptable and economically useful methods for the disposal of abandoned motor vehicles and other forms of scrap metal be developed.
An example of a statement of purpose that was written in anticipation of litigation is Laws 1982, Third Special Session chapter 1, article 1, section 1. The section states the purpose of the legislature in enacting a series of tax increases and spending cuts to resolve the budget crisis of December 1982. It provides:
Section 1. FINDINGS AND PURPOSE.The legislature finds and declares that the state is presently confronted with a grave economic emergency in that the state will not receive revenue sufficient to meet its legal duty to avoid a deficit while still upholding its responsibility to protect the health, safety, and welfare of its citizens. The legislature further finds that for the state to continue to be a viable governmental entity it is vital that significant and immediate reductions in state expenditures be made and that mechanisms to increase state revenues be immediately adopted.
In recognition of the economic plight facing citizens of the state of Minnesota and other states, the legislature also finds and declares that legislation designed to correct this economic emergency must not create undue economic or social dislocations, place an oppressive tax burden on the state's citizens and corporate community, cause massive expenditure reductions which would eliminate basic public services, cause further extensive unemployment, or jeopardize the financial integrity of state government.
Therefore, the legislature finds and declares that the most effective means to serve all of these important goals and solve the present economic emergency is to enact the following combination of provisions for reductions in state expenditures and increases in state revenues.
In AFSCME Councils, 6, 14, 65 and 96 v. Sundquist, 338 N.W. 2d
560 (Minn. 1983), the court used the statement of purpose to support its
decision upholding the act.
Thus, the purpose of the Act, as stated by the legislature, is to correct the state's grave fiscal condition without creating undue economic displacement. (338 N.W. 2d at 570-71.)
In a footnote, the court stated:
In challenges to statutes under the equal protection clause, we accept legislative expressions regarding the purposes of the legislation as the actual purposes unless our review of the legislative history and the statutory scheme convinces us that they "could not have been a goal of the legislation." Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456, 463 n. 7, 101 S.Ct. 715, 723 n. 7, 66 L.Ed.2d 659 (1981) (quoting Weinberger v. Wiesenfeld, 420 U.S. 636, 648 n. 16, 95 S.Ct. 1225, 1233 n. 16, 43 L.Ed.2d 514 (1975). Here, a review of the legislative history and the statutory scheme confirms that the purposes stated in the Act's preamble are its actual purposes.In its Preamble, the Act states that Minnesota "is presently confronted with a grave economic emergency" and that "legislation designed to correct this economic emergency must not create undue economic or social dislocations, place an oppressive tax burden on the state's citizens and corporate community, cause massive expenditure reductions which would eliminate basic public services, cause further extensive unemployment, or jeopardize the financial integrity of state government." (338 N.W. 2d at 571 n 14.)
When a policy statement is included in a bill, the drafter should be careful not to put a substantive provision with it. The substantive provision may be lost in the verbiage and will be hard to find and edit for publication.
A definition section is used to:
Write definitions after you have written the body of the bill. As you review your draft to see which terms need defining, make sure you have not varied your terms or created needless jargon. A clearly written draft will need very few definitions.
If more than one term is defined, each term should be set out separately:
|
In the example above, subdivision 1 is the standard opening subdivision of a section that has several definitions; subdivision 2 is an example of a definition used to avoid repetition; subdivision 3 shows a term requiring definition; subdivision 4 shows a term having a special limited meaning.
(1) Start each subdivision with the subdivision number; write the term you are defining as a headnote.
Start the defining sentence with the term you are defining, in quotation marks.
The next word will usually be means, includes, or refers to, depending on what follows. These words are singular, even when you're defining a plural term. Make them plural only if you're defining two words at once. Use only one term. Don't say "means and includes."
(2) The definition should be the same part of speech as the word being defined.
The definition of a verb should be in the same verb form, the definition of an adjective should be an adjective or a participle. For example, do not write: "Reasonable access" means no more than 12 miles distant from the transportation system. Instead, write: "Reasonable access" (noun) means a location (noun) less than 12 miles from the transportation system. Or write "To have reasonable access’" means to be less than 12 miles from the transportation system.
When it isn't possible to use a grammatical equivalent in a definition, use refers to instead of means. Example: "Settle" and ‘"settlement" refer to the consideration, adjustment, determination, and disposition of a claim...
Sometimes you can correctly use something other than means, includes, or refers to. For example, you can write: "Should" is used in a directory sense.
(3) Usually, alphabetize your definitions word by word.
It is better not to use initials, but if you must, make their meanings easy to find: alphabetize under the abbreviation, not the expanded form. Example: Efficiency, EIS, EPA.
Sometimes, when a series of unfamiliar terms have interlocking definitions, it is appropriate to begin the list of definitions with the terms that introduce the reader to the subject, disregarding alphabetical order.
(4) Don't define terms needlessly.
English words used in their ordinary senses don't need definitions. "Temporary sign" does not need the explanation that it is a sign intended to be displayed for a short time.
Certain terms are already defined in Minnesota Statutes, chapter 645, to apply to all of Minnesota Statutes. The terms defined in chapter 645 should not be redefined, unless some different meaning is intended. If a variant definition is intended, then the bill draft should specifically state that it is an exception to the general definition.
If a definition in Minnesota Statutes, other than one in chapter 645, is acceptable for use in the new law, the drafter should either incorporate the definition by reference or repeat the entire definition.
A short form of a longer term can often be used without definition. For example, if a bill or section begins with a reference to "the commissioner of agriculture," the word "commissioner" can usually be used throughout the rest of the bill or section to refer to that commissioner, without causing confusion or requiring formal definition.
(5) Don't do violence to the ordinary meaning of words.
Don't write "Hospitals" includes day care centers. The reader is not likely to look up the word "hospitals" and so may never learn that it includes other things. Use the included terms in the body of the bill.
(6) Watch your sense of categories as well as your grammar.
For example, don't write: "Senility" means an individual with a physical disability and mental weakness brought on by old age. Senility is a condition, not a person. Write "Senility means a physical disability and mental weakness associated with old age."
(7) Try not to define words in terms of other words also being defined.
This rule is sometimes impossible to keep; it may call for too much repetition. But remember that most readers will not read your work from beginning to end and won't want to be forced to look up a second definition in order to understand the first.
(8) Don't write substantive requirements into your definitions.
Here is an example of a definition that is too substantive: "Lockup facility" means a secure adult detention facility used to confine prisoners waiting to appear in court and sentenced prisoners not more than 90 days. In addition to the cell, a lockup facility must include space for moderate exercise and activity, such as weight lifting, ping- pong, table games, reading, television, and cards.
This definition should end at "90 days." The rest of the material should appear in the body of the bill.
Sections of Minnesota Statutes or the Supplement are amended in a bill in numerical order, followed by amendments to sections of session laws.
A section of a bill that amends existing law begins with an introductory phrase stating which section or subdivision of Minnesota Statutes or session laws is being amended. After the introductory phrase, the existing law is set forth in the same form as in the latest edition of Minnesota Statutes. For example:
|
The statutory text must appear exactly in the form in which it appears in Minnesota Statutes. However, capital letters replace boldface type for headnotes. The centered editorial headings are not shown when amending existing sections in Minnesota Statutes.
If an entire section is amended and it includes both subdivisions that appear only in Minnesota Statutes and subdivisions that appear only in the Supplement, reference should be to Minnesota Statutes as amended by the relevant session laws.
The language that is to be deleted is lined out (stricken) and new language is underlined (underscored). New language follows stricken old language or punctuation. Language should not be stricken and then reinserted with underlining.
The subdivision is the smallest part that may be amended (Joint Rule 2.01).
When individual subdivisions of a statutory section are cited to be amended in a bill, each subdivision is amended in a separate section of the bill. For example:
|
When a subdivision is added to a section, the subdivision is inserted in a logical order between or following the existing subdivisions. If the new subdivision must be added between existing subdivisions, it is numbered "1a," "1b," or the like.
|
Try to avoid renumbering the existing subdivisions, since cross- references to them may be affected. Other subdivisions of a section are usually not shown in the bill unless they are also amended, or unless the new subdivision cannot be written to make sense on its own. In those exceptional cases the section must be amended by reproducing it and showing the new subdivision in its proper context with the new subdivision numbers and all new language underlined.
Also, when many but not all of the subdivisions of a section are being amended, it may be shorter and simpler to amend the entire statutory section showing the whole text including the unaltered subdivisions in one section of the bill.
If necessary, changes are made in the existing headnotes of a section or subdivision to reflect amendments to the text. Striking and underlining are used to show these changes. Entirely new headnotes to a section or subdivision, however, are not underlined. A section headnote is not shown or changed if it will not otherwise be part of the draft (i.e., when not all subdivisions of a section are changed).
When making major amendments to existing law, a drafter may be presented with a choice: since so much of the former law is being changed, would it be better to just repeal the old law and enact a new one rather than amending the old law?
Write all new law if the intent is that the law be wholly new. Amend the existing law if the intent is to change something that already exists. The choice should not be based on the convenience of the drafter. If changes are complex it is often easier for the drafter to repeal and replace a law than to amend it. But to a reader, a new law and an amended old law that have the same substantive effect may seem very different. The preference is to amend rather than repeal and replace.
Many drafts consist both of amendments to existing sections and entirely new sections. When this occurs, the sections of new law with their proposed coding are inserted into the draft in numerical order among the amended sections. The result is that a new section may be followed by an amended section that is followed by another new section. By drafting this way all changes in the statutes are shown in the order they will occur when published in Minnesota Statutes.
The basic format for a section proposing new law that is permanent and general is to show the bill section number, the proposed coding, the headnote, and then the text of the new law. For example:
|
The text of the section, whether or not it is divided into subdivisions, always begins on a new indented line after the headnote.
In new law all the text is underlined except the bill's section number, proposed coding, and headnote. Any subdivision in a new section has the "Subdivision" or "Subd." and its number, but not the subdivision headnote, underlined.
The bill drafter must draft a headnote for each section, using all capital letters enclosed in brackets and ending with a period. Headnotes should also be put in subdivisions if the drafter thinks they will be useful. Headnotes for sections tend to be longer.
Quick reference in bills uses headnotes. When you write section headnotes, ask yourself whether they will answer the questions the reader is likely to ask. Try to keep headnotes short, but make their usefulness your first priority.
Use semicolons sparingly. Use them to separate really distinct subjects, as in "Suspending Licenses; Hearing; Relicensing." Don't use semicolons to replace prepositions. Instead of writing "Officers, Teachers; Neglect of Duty; Penalty." write "Penalty for Officers' or Teachers' Neglect of Duty."
Don't depend too much on the context to complete a headnote's meaning. In subdivision headnotes you can control context somewhat, but you have no idea what other headnotes will be near your section headnote or what other headnotes the reader will see, so be very specific.
Headnotes do not become law if the bill is passed, but they can provide information for the construction of the provisions.
The drafter should propose coding for new law which is intended to be compiled in Minnesota Statutes. Proposed coding appears in brackets without a period.
|
A section that is not proposed to be coded is shown like a coded section, including use of headnotes, starting text on a new line, and underscoring.
See examples of uncoded law (1), (2), (3), (4).
The proposed coding does not become law if the bill is passed.
(5) Dividing Bills and Sections.
In a bill for a new law, the Joint Rules provide that "sections and subdivisions shall be arranged, subdivided and numbered in like manner as the Minnesota Statutes." A drafter should avoid long and complicated sections when drafting. Sections, subdivisions, and other divisions should be used to assist the reader.
Each subdivision should be one or more complete sentence. Each subdivision should contain enough of the law to make sense on its own, so that its meaning is not obscure when reproduced by itself, without the remainder of the section, as when it is later amended.
Subdivisions and sections may also be divided into marked or unmarked paragraphs or legal or grammatical clauses, or both. Marked paragraphs and clauses may be lettered (a), (b), (c), or numbered (1), (2), (3). The choice of whether to mark and how to mark these divisions should be made on considerations of readability. They may be relettered or renumbered when the sections are edited for publication in Minnesota Statutes. Further divisions are seldom needed. A possible division of the various parts of a section is:
Part Example Section 645.45 Subdivision Subd. 2 Paragraph (a) Clause (2) Item (i)
If the drafter wants to divide a sentence of a section, subdivision, or paragraph into marked clauses or items, the clauses or items may also be indented like paragraphs.
|
(6) Articles.
A long and complex bill may also be divided by grouping sections of a bill into an article or a group with or without a bracketed centered heading.
The division of a bill into articles is easily visible. Each article is preceded by the centered and capitalized article number and, on the next line, the name or subject of the article, if it has one. For example:
|
When using articles to divide a bill, the section numbering starts over with section 1 for the first section after each article division. The last sections in each article are the repealer and effective date provisions.
(7) Headings.
A second method of dividing a bill is the use of centered headings for groups of sections. The use of group headings is the equivalent of the use of editor's headings in the Minnesota Statutes. For examples of editor's headings in the statutes, see Minnesota Statutes, chapter 325G. The heading is a centered and capitalized word or group of words. For example, if a bill were divided using headings, a heading might appear as:
|
When a group heading is used, section numbering is continuous throughout the bill. That is, the first section after the heading does not start over with "Section 1" as occurs when article divisions are used. The use of a group heading does not affect the bill format in any other way.
Neither articles nor group divisions are necessarily carried forward into the statutes although they are considered for use as editorial headings if appropriate. The drafter should divide a bill to facilitate understanding when necessary. Use of either type of division is rare.
See examples of bills that propose new law (1), (2), (3), (4), (5), (6).
Following the primary drafting of new or amendatory law, various other provisions must usually be added. These sections have common features. They are temporary sections needed to implement or coordinate with existing law. The sections are not coded and are not intended to be included in Minnesota Statutes. They may be technical provisions such as repealers or the effective date of the act.
All statutes are supposed to be construed to accomplish the intention of the legislature and secure their most beneficial operation. The statement of this principle is set forth in general permanent Minnesota law (see Minnesota Statutes, section 645.16). In view of this, a statement directing that a section be "liberally interpreted" or otherwise instructing courts or administrators to have a constructive attitude, is redundant.
Uniform acts usually carry a provision which provides for interpretation so as to "make uniform the laws with respect to the subject of the act." This is also redundant, Minnesota Statutes, section 645.22.
Minnesota Statutes, section 645.20, makes the provisions of all laws severable. This makes a severability clause unnecessary. If you don't want the provisions of your bill to be severable, specify that they are not. Otherwise, you need write nothing at all about severability.
You may, on a rare occasion, for some special reason, wish to make the provisions of your act nonseverable. An example of a nonseverability provision would be:
|
A saving clause is a section that is occasionally inserted into a bill to preserve rights, remedies, or privileges that might otherwise be destroyed by the bill, particularly by repeals or amendments. A savings clause is only needed under special circumstances, since Minnesota Statutes, section 645.35, provides generally for rights and interests that may be affected by a change in the law.
There are instances when the intent of the proposed bill repealing or amending certain laws is to strike down pending actions or rights. This gives rise to the possible use of a "nonsaving clause," in effect, the reverse of a saving clause. In this regard, a statement that "Minnesota Statutes, section 645.35, does not apply to section 12" may be appropriate but the bill's intended treatment of the particular affected actions or rights should also be made explicit.
A drafter should check existing law for provisions inconsistent with the bill being drafted. Conflicting or superseded laws should be repealed or amended as necessary to make them consistent. The repeal is contained in a separate section of the bill. The form used is:
|
If a series of sections is being repealed, each should be listed
rather than using a reference like "sections 51.02 to 51.06."
The drafter of a bill that contains a repealer should check each reference to the repealed sections or subdivisions elsewhere in the statutes and make appropriate changes in them. The cross-references can be found in Table IV of Minnesota Statutes.
A bill drafter should repeal sections only by reference to Minnesota Statutes or session laws.
A general repealer providing that "all laws in conflict with section 1 are repealed" or similar words usually has no or, at best, very obscure legal effect.
A general repealer is sometimes used when the drafter knows there are laws to be repealed but does not know what they are. A drafter should be very reluctant to choose this illusory way out of a problem. Sometimes there may be a difficulty in finding the uncodified special laws affected. Table I of Minnesota Statutes can assist; all affected laws should be found and repealed and a general repealer avoided.
The drafter should consider the effect of Minnesota Statutes, sections
645.34,
645.35,
and 645.36,
upon the use of repealers. The effect of those sections is that:
All of these effects can be overcome but the drafter must specifically include words to do so. If the drafter does desire to overcome the effect of one of the standard provisions, the language should be inserted in the repeal section of the bill.
See examples of repeals (1), (2), (3).
When you want a law to cease to operate at a future date, use the term "expires." When a coded law expires, the editors will remove it from Minnesota Statutes.
"This section expires January 1, 1995."
|
A delayed repeal should not be used to accomplish an expiration. In practice such repeals are easily overlooked after a lapse of time. Also, if they are changed or repealed, they become involved in the rules about repeals that are discussed in the preceding section of this manual, in particular, that relating to the repeal of a repealer.
Bills sometimes include a provision that instructs the revisor to change statutes in a specified way. The most common of these provisions is an instruction to change an agency's name or an official's title to a new name or title, such as changing "workmen's compensation" to "workers' compensation." An instruction to the revisor is used primarily to reduce the bulk of a bill necessary to achieve a name change.
The revisor's office asks for caution when drafting instructional provisions into bills. In some cases a term the office is directed to change has a variety of uses, not all of which were intended to be changed. If a term has a variety of uses, a drafter can instruct the revisor to make the change "when appropriate" or may specify the context in which the change should be made. For example:
In the next edition of Minnesota Statutes, the revisor shall substitute the term "local tax rate" for "tax capacity rate" wherever it refers to the rate of tax applied to the tax capacity of property within a local unit of government or to the sum of the rates of tax of local governments.
In other cases, the term directed to be changed will appear in other forms besides the one in the instruction. Some of these variants are plurals, possessives, and abbreviations. On some occasions it is difficult to determine whether or not the instruction intended all variants of the words to be changed or just the specific words. In drafting an instruction to change a word or phrase including all variants of the word, the drafter could instruct the revisor to also change similar words or phrases. For example:
The revisor of statutes shall change the terms "fraternal beneficiary association," "association," or similar terms to "fraternal benefit society," "society," or similar terms wherever they appear in Minnesota Statutes and Minnesota Rules in connection with those entities regulated under Minnesota Statutes, chapter 64B.
Sometimes instructions are requested which accomplish a substantive and not just a name or title change, such as instructions to reduce all income tax brackets by five percent. An instruction of this type is extremely difficult to implement because of the interrelationship of statutory sections.
Another type of direction to the revisor requires the renumbering of statutory sections or subdivisions. It usually occurs as parts of bills that substantially revise larger portions of Minnesota Statutes. This kind of direction should not be necessary. The revisor has editorial authority to renumber sections and subdivisions. If you think renumbering is appropriate, contact the revisor.
Similarly, the revisor has editorial authority to change headnotes and will agree to reasonable requests to change them, so statutory instructions should not be necessary.
When sections of the statutes are extensively rewritten, it is often necessary to make changes in cross-references to statutes not otherwise changed. Of course, it is possible to set out each of the sections containing a cross-reference and amend it in the usual fashion. However, many sections of the statutes have a large number of cross-references to them. As a result, the bulk of a bill may be unduly extended for what are basically technical changes. A method of accomplishing numerous changes is to use an instruction to the revisor. The instruction to the revisor should not be in the form of an instruction "to change internal cross- references in Minnesota Statutes as required by this act." That kind of instruction can be impossible to implement because of difficulty in determining the proper new cross-reference. Instructions may also extend to Minnesota Rules.
See examples of instructions to the revisor (1), (2), (3).
(1) The Budget Process.
Minnesota state government operates on a biennial budget, enacted in omnibus appropriations bills before July 1 each odd-numbered year and intended to last to June 30 in the next odd-numbered year. Adjustments to the budget are enacted in the regular session in the even-numbered year and in special sessions as necessary. Most of the money appropriated by the legislature is contained in the omnibus appropriations bills such as those for operation of state government, buildings and capital improvements, and school aids. Omnibus appropriations bills are discussed in Chapter 5, section 1 of this manual.
There are, however, numerous requests for the appropriation of money for special projects or programs not included in the omnibus appropriation bills. Many other bills have appropriation provisions that will, in the legislative process, be finally passed as part of an omnibus appropriations bill. All of these must be drawn so they will work if passed separately, as occasionally happens. In most instances, the appropriation will be only one section of a longer bill establishing, for instance, a new program or agency. It is placed near the end of the bill and followed only by any repealer and effective date provisions.
(2) Ordinary Appropriations.
To construct an appropriation provision, the drafter must answer the questions: How Much? From Where? To Whom? For What? and When? A typical direct appropriation section would be:
|
The dollar amount should be rounded off to the nearest thousand or hundred dollars. Do not use cents.
The word "appropriated" should be used to make an appropriation. Any other language invites dispute about what is meant. Minnesota Constitution, article XI, section 1.
Do not say "$.......... is hereby appropriated" or "The sum of $.......... is appropriated." "Hereby" and "the sum of" are surplusage.
Most appropriations are from the "general fund." When the drafter refers to another fund, he or she should know why and use the exact name of the fund.
The appropriation should name the official, board, or agency that has statutory power to spend money. Appropriations are ordinarily made to the commissioner of a named department, not to the department itself. This is customary in order to emphasize the responsibility for the expenditure of the money. If an appropriation is made either to a department or, worse, to an official subordinate to the commissioner, a possibility of confusion or conflict within a department is created. If the appropriation is to a board or agency, the legal name of the board or agency must be used. Sometimes an agency will informally use an acronym or another name different from that used to create it in the statutes. If this occurs, use the name in the statute.
Describe the purpose of the appropriation in a short phrase. Do not give the appropriation an account name. That is the business of the commissioner of finance. If the purpose is more fully described elsewhere in the bill, and you wish to refer the appropriation to it, you may use "for the purposes of section 10." As an alternative, a drafter should consider reference to a common name for the funded program, or to prior existing coded statutory sections (if any) that describe the program.
A drafter should specifically consider the period for which the appropriation will be available. If the appropriation is made in the odd-numbered year, it is usually intended to be available for the next biennium. If the bill has no effective date, it will become effective the following July 1 under Minnesota Statutes, section 645.02. This is normal and desirable. However, it will also lapse on June 30 of the next year, under section 16A.28. To extend the appropriation for the second year of a biennium, the phrase ", to be available until June 30, 1999" is inserted after the purpose.
While the legislature budgets on a biennial basis, state agencies budget separately for each fiscal year. If the appropriation is for a biennium, but you can determine how much is budgeted for each fiscal year, the drafter may want to show the allocation by fiscal year:
|
When the allocation by fiscal year is shown, but the author wants the
appropriation for the first year to carry over to the second year if
unexpended, the following sentence may be used:
"The unencumbered balance in the first year does not cancel but is available for the second year."
When the allocation by fiscal year is shown, but the author wants the full amount to be available in either year if necessary, the following sentence may be used:
"If the appropriation for either year is insufficient, the appropriation for the other year is available for it."
If the appropriation is made in the even-numbered year, it is usually intended to be available for only the second year of the biennium. It does not require either an effective date or an anti-lapse provision.
If the bill is made effective the day following final enactment, the appropriation will lapse on the next June 30, under section 16A.28, unless an anti-lapse provision is added.
Appropriations for permanent improvements, including the acquisition of real property, are available until expended, under section 16A.28.
(3) Open Appropriations.
Do not create an open or "sum sufficient" appropriation of "the amount necessary for this purpose" if it can be avoided. This kind of provision makes budgeting difficult. Give a specific dollar amount for the next fiscal year or for the balance of the biennium.
(4) Standing Appropriations.
Do not say "$100,000 is annually appropriated" unless a standing appropriation that would be repeated each year is consciously intended. Recipients may prefer a standing appropriation, but legislative policy opposes it. Minnesota Statutes, section 3.23.
(5) Open and Standing Appropriations.
Open and standing appropriations, which say that "the amount necessary for this purpose is annually appropriated from the general fund," are used almost exclusively for appropriations to pay aids and credits to individuals and local governments for income tax and property tax relief. The appropriation for each aid or credit is usually codified in Minnesota Statutes and the amount that will be spent is subjected to various conditions. Amendments to them are normally included in the omnibus tax bill.
(6) Open Appropriations of Dedicated Receipts.
A dedicated receipt account is used to keep track of money received by a state agency from the public or another agency, when the receipts are to be appropriated to the state agency for a specific purpose. Dedicated receipts are classified for accounting purposes as:
All these dedicated receipt accounts are often referred to in conversation as "revolving accounts" but in laws, that term should be reserved for dedicated receipt accounts used for making loans, payments, and the like, and regularly replenished from repayments and the like.
Money in a dedicated receipt account may be appropriated by a direct appropriation, as in the case of most accounts in the game and fish, state airports, and trunk highway funds, but most appropriations of dedicated receipts are by open appropriations.
While legislative policy does not favor either dedicated receipts or open appropriations, it may sometimes be desirable to appropriate the proceeds of a fee to the agency administering the program in order to pay program costs.
(7) Examples.
See examples of various appropriation sections, including open appropriations of dedicated receipts (1), (2), (3), (4), (5), (6), (7).
(8) Omnibus Appropriation Bills.
The drafting of omnibus appropriation bills is discussed in chapter 5, section 1 of this manual.
(1) For General Laws.
Minnesota Statutes, section 645.02, provides that an act without a special effective date, except one making appropriations, is effective at 12:01 a.m. August 1 next following final enactment.
All parts of an act containing one or more appropriations are effective at the beginning of July 1 next following its final enactment, unless another effective date is specified.
If a requester wants to speed an act into effect, or to provide a delay to allow preparations to be made for an act's implementation, or in certain other special cases (e.g. when taxable years are involved) the drafter should include a section at the end of the bill stating when the act, or certain provisions of it, is effective.
If you find it necessary to refer to "the effective date of this act" or "the effective date of sections 13 to 52," be certain that all the referenced provisions have the same effective date.
There is a tendency to use immediate effective dates for emphasis or just as a reflex. Bills should not be made effective the day following their final enactment unless there is an urgent need. People should have a chance to read a law before they start to violate it. This is critical for criminal laws.
An immediate effective date may be useful for authority to make administrative rules at a time before the program to which they relate begins to operate.
(2) For Special Laws.
Special laws, laws of local rather than general application, become effective in accordance with Minnesota Statutes, sections 645.02 to 645.024.
When a special law requires local approval, the law becomes effective when the requirements of Minnesota Statutes, section 645.021, subdivision 3, providing for the filing of certificates of approval with the secretary of state are met. When a special law does not require local approval, it becomes effective like a law of general application. The use of local approval provisions is described in Chapter 5, section 4 of this manual.
(3) For Tax laws.
Property tax laws should be made effective beginning with a certain year's tax levy (payable the following year).
Income tax laws must be effective beginning with a certain taxable year.
Certain laws, such as income tax laws, can be made effective retroactively.
The boundaries of state parks are set by laws that are compiled in Minnesota Statutes in a special way. Each of these laws includes descriptions, one or more, of land added to or removed from various parks. Although the land descriptions are not included in Minnesota Statutes, a citation to each change is included in the history note that follows the provision that establishes the park. The bills also have an unusual feature. The land description is preceded by a bracketed reference to the section and subdivision of Minnesota Statutes that establishes the park and the name of the park in brackets. A similar procedure is used for state monuments, reserves, and waysides.
It is sometimes desirable to anticipate the effect of inflation on a rate or fee by providing that the rate or fee shall increase as some measured economic factor increases, usually prices. The most familiar index is probably the Consumer Price Index, but the Producer Price Index and the Gross Domestic Price Deflator and other indexes may also be used in laws of this kind. The index used should be fully identified. For example:
|
Minnesota Statutes, section 47.59, subdivision 3, paragraphs (k) and
(l), is an example of a detailed provision of this kind. Section 518.551,
subdivision 5, paragraph (k), establishes a similar adjustment but
delegates the entire responsibility for its details to the supreme court.
"Using Price Indexes" published by the Minnesota House of Representatives
Research Department in July 1992 is a useful summary of this subject.
House Rule 5.3 provides that a member may introduce an advisory bill proposing some matter for consideration by a standing committee. Any advisory bill that is introduced is referred to a committee. It may be considered there but no other action can be taken on it except referral for consideration to another committee. A simple form is intended for completion by the sponsoring representative.
On the form, the title is restricted to twelve words. The title is usually a single phrase or sentence describing the general content of the proposal. It does not use the multiple phrases separated by semicolons as used for bills. Following the title is a paragraph which describes in detail the operative provisions of the advisory bill. An advisory bill is often like a bill drafting request but sent to a committee. See the example of a completed advisory bill.
Amendatory BillsAmending a section
Amending a subdivision
Adding a subdivision
Adding a subdivision to a section and amending a subdivision
Amending the Supplement to Minnesota Statutes
Amending the Supplement to Minnesota Statutes by adding a subdivision
Amending a session law
Amending a session law as amended
Amending Minnesota Statutes, Supplement, and LawsNew Law
Statutory sections without subdivisions
Statutory sections with subdivisions
Uncoded without subdivisions
Uncoded without subdivisions, land sale
Uncoded with subdivisions, park boundaries
Uncoded with subdivisionsConstitutional Amendments to Minnesota Constitution
Repeals
Subdivision
Section
ChapterInstruction to Revisor (Renumbering statutes)
|
Opening boilerplate: General subject: Objects or parts of the subject: Penalties: Appropriations: Amendments: - most recent statutes - most recent supplement - session laws New law: - less than a chapter - a whole chapter Repealers: - most recent statutes - most recent supplement - session laws |
A bill for an act relating to education; authorizing school districts to provide houses for teachers; providing penalties; appropriating money; amending Minnesota Statutes 1996, section 123.45; Minnesota Statutes 1997 Supplement, section 234.56; Laws 1996, chapter 56, section 7; proposing coding for new law in Minnesota Statutes, chapter 323; as Minnesota Statutes, chapter 429; repealing Minnesota Statutes 1996, section 525.67; Minnesota Statutes 1997 Supplement, section 634.57; Laws 1997, chapter 88, section 3. |
1 relating to ...; amending [or repealing] Minnesota Statutes 2 1996, section 12.34.
1 relating to ...; amending [or repealing] Minnesota Statutes 1996, 2 section 456.78, subdivision 3.
1 relating to ...; amending Minnesota Statutes 1996, section 278.91, by 2 adding a subdivision.
1 relating to ...; amending [or repealing] Minnesota Statutes 1996, 2 sections 12.34; 12.36; 217.38; and 325.40.
1 relating to ...; amending [or repealing] Minnesota Statutes 1996, 2 section 234.56, as amended.
1 relating to ...; amending [or repealing] Minnesota Statutes 1996, 2 section 123.45, subdivision 6, as added.
1 relating to ...; amending [or repealing] Minnesota Statutes 1997 2 Supplement, section 123.45.
1 relating to ...; amending [or repealing] Minnesota Statutes 1997 2 Supplement, section 123.45, as amended.
1 relating to ...; amending [or repealing] Laws 1965, chapter 123, 2 section 1.
1 relating to ...; amending Laws 1953, chapter 123, section 7, as 2 amended.
1 relating to ...; proposing coding for new law in Minnesota 2 Statutes, chapter 268.
1 relating to ...; proposing coding for new law as Minnesota 2 Statutes, chapter 540.
1 relating to .....; amending Minnesota Statutes 1996, chapter 123.
|
Pages and lines are numbered automatically by the computer printer. Line 1 is always the first line of the title and reads "A bill for an act"
The title contains a description of the statutes the bill amends.
The enacting clause "BE IT ENACTED . . . . ." separates the title from the amendatory part of the bill.
The text always begins with "Section 1" even if there is only one
section. "Section" is written out in section 1 but is abbreviated in
subsequent sections.
In section 1 note that the Minnesota Statutes section number is not in brackets since it already exists in the statutes. The headnote is always in brackets whether the provision is new or amendatory.
The change to the section headnote is shown by striking and underlining. The addition to the headnote is shown by underlining. Entirely new headnotes for sections are not underlined.
The text of the statutory section begins with an indented paragraph on the first line after the headnote. The language intended to be omitted is stricken, and the new language is underlined.
The section amended here did not have subdivisions. The existing text is changed to a subdivision by the addition of "Subdivision 1" before it. Additional subdivisions are then appended at the end and numbered appropriately. "Subdivision" is written out is subdivision 1 but it is abbreviated in the second and subsequent subdivisions. Unlike statutory section numbers and headnotes, "Subdivision 1.," "Subd. 2.," etc. become a part of the section to which the word "Subdivision" is being added. The period at the end of the subdivision number is also underlined. Each subdivision has a headnote, which is not part of the law. The headnote is not underlined, when it is entirely new.
Section 2 has a headnote even though the section will not be coded in Minnesota Statutes. It is customary to indicate the contents of each section of the bill by headnote.
|
Nothing smaller than a subdivision of a section can be amended, so it is necessary to show the entire subdivision in the bill, even if it is long.
Note the punctuation in lines 10 and 11. Punctuation in law is treated the same way as words. New punctuation is underlined and punctuation to be omitted is stricken. In this example, an existing period appears at the end of the new language and is not underlined.
|
The new subdivision number is underlined because these words become a
part of the section to which the subdivision is being added. Note that
the period at the end of the subdivision number is also underlined.
|
In section 1 within the subdivision the language intended to be omitted
is stricken, and the new language is underlined.
Section 2 adds a new subdivision to an existing section. Therefore, the language including the phrase "Subd. 5a." is underlined.
The words "section" or "subdivision" are not capitalized except when they begin a sentence.
If several subdivisions of a section are amended or added, the bill may be simpler and clearer if the entire amended section is shown as one section of the bill.
|
|
In this example, the section that is amended has been published only
in the supplement to Minnesota Statutes.
|
The effective date provision has a headnote. The session law that is
amended is an impressive example of bad drafting.
|
|
|
The section is to be published in Minnesota Statutes so it has a
proposed Minnesota Statutes section number. Proposed statutory coding is
enclosed in brackets; existing coding is not. Note that a headnote ends
with a period, but coding does not. The proposed code number, "[629.78],"
and the headnote, "[TRANSPORTATION AFTER TRIAL.]," will be printed in
Minnesota Statutes but will not be a part of the law.
|
Note the proposed coding in section 1 and the absence of proposed coding in sections 5 and 6. The last two sections will not be printed in Minnesota Statutes. They will appear in Laws of Minnesota.
|
This local law is made effective without local approval.
|
Section 1 of this uncoded special act is divided into paragraphs, each of which contains one of the usual elements of a state land sale act: parties, terms, description, and reason.
|
This unusual format is used for descriptions of land in state parks and monuments. Only the names of the parks and monuments and lists of citations to the many acts that establish their territories are published in Minnesota Statutes.
|
This local act has the usual local approval provision.
|
Note that the constitutional section does not contain the printed headnote shown in Minnesota Statutes. The omission emphasizes that those printed headnotes are not part of the constitution.
The article numbers and centered article headings that are printed with the constitution are part of the constitution and should be shown when an entire article is amended.
|
Although this constitutional amendment changes several sections, it is a single amendment.
|
|
|
This form is used if only a few subdivisions of a section have been published in Minnesota Statutes 1997 Supplement.
|
|
Instructions to the revisor should be restricted to substitutions that do not require choices of policy. A check should be made as to whether there are any variants on the change which are to be included in the instruction.
Name changes will be accomplished in the next complete publication of Minnesota Statutes or, if possible, in an intervening Supplement.
|
|
|
|
|
|
|
|
|
The agency name is shown in capitals to serve as a signpost, but it is a part of the law, so it is not enclosed in brackets and is not followed by a period. The phrases describing the purpose of each appropriation are not sentences. They are tied to the appropriation and do not end with a period. Additional restrictions and complement limitations should be complete sentences. Each column has only one dollar sign. In an omnibus appropriations bill, the text of appropriations is not underlined.
|
|
Sections 6, 7, and 8 would be effective August 1 (or July 1 if there
were an appropriation in the bill) since no effective date is stated for
those sections.
|
|
See discussion and forms in Chapter 5 of this manual.
|
|
Top of Section -
Table of Contents -
Previous Section -
Next Section
This page is maintained by the Office of the Revisor of Statutes Help Desk.
Last review or update: 3/17/99 (haj)
If you find errors in this page, please let us know at webm@revisor.leg.state.mn.us.