HAWAII LEGISLATIVE DRAFTING MANUAL - lrbhawaii.info

1 HAWAII . LEGISLATIVE DRAFTING . MANUAL . TENTH EDITION. LEGISLATIVE REFERENCE BUREAU / STATE OF HAWAII / 2012. HAWAII . LEGISLATIVE . DRAFTING . MANUAL . Tenth Edition CHARLOTTE A. CARTER-YAMAUCHI. Acting Director December 2012. LEGISLATIVE Reference Bureau State Capitol Honolulu, HAWAII 96813. This report has been cataloged as follows: Carter-Yamauchi, Charlotte HAWAII LEGISLATIVE DRAFTING MANUAL , 10th edition. Honolulu, HI: LEGISLATIVE Reference Bureau, December 2012. 1. Bill DRAFTING HAWAII . 2. Handbooks, manuals, etc. B5 A84 2012. Foreword The DRAFTING MANUAL is prepared by the LRB for use by the Senate and the House of Representatives to furnish general guidelines and accepted DRAFTING conventions for the agencies and individuals who prepare measures for introduction in the HAWAII Legislature.

2 The DRAFTING MANUAL has evolved over the many years from a compendium of forms and helpful hints in LEGISLATIVE DRAFTING to what is used as a text by the Bureau and others for instructing each session's contingent of new LEGISLATIVE staffers. This tenth revised edition of the MANUAL reflects the continuing evolution of LEGISLATIVE DRAFTING practices in HAWAII . This publication revises and updates the previous edition to reflect adjustments to accommodate recent legislation and LEGISLATIVE practices and to incorporate ideas and suggestions from MANUAL users. Those who have contributed to previous editions of the DRAFTING MANUAL are now far too numerous to mention without running the risk of inadvertent omission. Suffice it to say that their efforts and dedication over the years have gone a long way toward making the DRAFTING MANUAL what it is today.

3 Many current and former Bureau staff members have contributed to this revised edition. The Bureau is particularly grateful to staff in the House and Senate Research offices for their considerable input and suggestions for this edition. Charlotte A. Carter-Yamauchi Acting Director December 2012. iii Table of Contents Page iii 1. 1. An Idea is Conceived .. 2. The Idea is Developed .. 2. 2. STATUTORY AND CONSTITUTIONAL DRAFTING .. 4. Part I. Types of Bills .. 4. Part II. Elements of the Bill .. 5. 1. Masthead .. 5. 2. Title .. 5. 3. Enacting Clause .. 5. 4. Body .. 5. 5. Special Bill 14. Examples .. 15. 3. STYLE, WORDS, AND GRAMMAR .. 21. 1. Names of Executive Departments, Department Heads, and Other Government Agencies .. 22. 2. Words and Grammar .. 23.

4 3. Sections and Paragraphs .. 24. 4. Numbering of Chapters, Parts, and Sections .. 25. 5. Section Titles .. 25. 6. Enumerated Lists .. 26. 7. Relative Pronouns; Restrictive and Nonrestrictive Clauses: "that," "which," and "who" .. 26. 8. Style .. 28. 9. Punctuation .. 30. 10. Capitalization .. 31. 11. Reference to Federal Law .. 31. 12. Numbers .. 32. 13. 33. 14. Provisos; Exceptions; Limitations .. 33. iv Page 15. Choice of Other Words and Phrases .. 34. 16. Spelling .. 36. 17. Style Used in the HAWAII State Constitution .. 37. 18. Use of Gender-Neutral Terms .. 37. 19. Acronyms .. 39. 4. SOME COMMON STATUTORY PROVISIONS AND. PROBLEM AREAS .. 41. Part I. Generally .. 41. 1. Penalties .. 41. 2. Effective Dates .. 43. 3. Rulemaking Powers .. 44. 4. Disposition of Public Moneys Received.

5 45. 5. Lapsing of Appropriation .. 45. 6. Relationship to Another Pending Bill .. 45. 7. Exception for Unique Situation .. 46. 8. Application of Law to a Specific County .. 46. 9. Establishment of a Board or Commission .. 47. 10. Employment or Appointment of Noncivil Service Personnel .. 48. 11. No Compensation for Members of Boards and Commissions .. 48. 12. Transfer of Officers and Employees from One Agency to Another .. 48. 13. Transfer of Functions Between Agencies; Continuity of Rules, Policies, etc.. 49. 14. Transfer of Functions; Effect on Deeds, Contracts, Permit, etc.. 49. 15. Transfer of Records and Equipment Between Agencies .. 50. 16. Providing Against the Impairment of Federal Funds and Bonds .. 50. 17. Drop-dead 50. 18. Act Contingent Upon Ratification of Constitutional Amendment.

6 51. 19. Impairment of Contracts .. 51. 20. Carryover of Appropriated Funds Into Second Year of Fiscal Biennium .. 51. 21. Special or Revolving Funds .. 52. 22. Numerous Instances of Identical or Very Similar Amendments .. 53. 23. Cross-Referencing Multiple New Sections Added to a Chapter .. 53. 24. Recurring Measures .. 54. v Page Part II. Making Technical and Grammatical Corrections to Existing Statutes .. 54. Part III. "Drop Dead" Provisions and Temporary Amendments to Laws .. 55. Scenarios and Examples .. 56. Examples of Repeal and Reenactment (Drop Dead). Effective Dates and How to Use Them .. 58. Repeal and Reenactment (Drop Dead) Provisions that Require the Amendment of Previously Enacted Session Laws .. 59. Part IV. Hawaiian Homes Commission Act.

7 62. 5. RAMSEYER FORMAT .. 63. 1. Sequence of Repealing and Adding Material .. 63. 2. Punctuation .. 65. 3. Amendments .. 65. 4. New Material .. 71. 5. Repeal .. 75. 6. Special Cases .. 78. 7. Statement of Effect of Bracketing/Strikethrough and Underscoring .. 79. 6. RECURRING DRAFTING ERRORS AND CORRECT EXAMPLES .. 81. 1. Commas .. 81. 2. 81. 3. How to Tell if a Section has a Subsection .. 81. 4. Prefatory Language .. 82. 5. 83. 6. Grammar .. 85. 7. Units of Organization Within Sections .. 86. 7. AMENDING SESSION LAWS .. 88. Part I. Introduction .. 88. Part II. General Requirements .. 88. 1. Ramseyer Requirement .. 88. 2. What is the "Base" that is Being Amended? .. 88. vi Page Part III. Amending Uncodified Material .. 89. 1. Amending an Uncodified Section of a Session Law.

8 89. 2. Amending a Subsection of an Uncodified Section of a Session Law .. 89. 3. Adding a New Section to a Session Law .. 89. 4. Deleting a Section from a Session Law .. 89. 5. Repealing an Entire Act (Session Law) .. 90. Part IV. Amending Uncodified Material That Makes Changes to the HAWAII Revised Statutes .. 90. 1. Amending Session Law to Add a New Section to 90. 2. Amending Session Law to Add a Section to a New Part (or Chapter) Added to the HRS by Session Law Being 90. 3. Amending Session Law to Amend a Section Being Added to the 91. 4. Amending Session Law to Repeal a Section Being Added to the 91. 5. Amending Session Law to Make Additional Amendments to an HRS Section Amended by the Session Law (the amendments of which have yet to take effect).

9 92. 6. Assume Same Facts as in Item 5, but Intent is to Only Amend a Subsection of a Section .. 92. 7. Amending Session Law to Amend a Single Definition in a Definition Section .. 92. 8. Amending Session Law (or a Section Thereof) that has been Amended by Multiple Prior Acts .. 93. 8. 94. Generally .. 94. Necessary Information .. 95. Purposes of 95. Operating Expenses .. 96. Capital Expenditures .. 96. Source or Manner of Appropriation .. 97. Appropriations from General Revenues/General Funds .. 97. Special and Revolving 98. Grants and Grants-in-Aid .. 99. General Obligation 100. Special Purpose Revenue Bonds .. 101. Miscellaneous 102. Other Sources of Funding .. 102. Matching Funds .. 103. vii Page Appropriation Measures Passed Before Budget .. 104.

10 Exceeding the General Fund Expenditure 104. Lapsing .. 105. Mandated Costs .. 105. Amending Prior Appropriations .. 106. Examples .. 108. 9. RESOLUTIONS AND CERTIFICATES .. 133. Concurrent Resolutions .. 133. Single House Resolutions .. 133. Resolutions as Part of the Lawmaking Process .. 133. DRAFTING .. 134. Distinctions from Bill DRAFTING .. 134. Certificates .. 135. Examples .. 136. 10. COMMITTEE REPORTS .. 147. Generally .. 147. Types of Committee Reports .. 148. 1. Standing Committee Reports .. 148. 2. Conference Committee Reports .. 148. 3. Advise and Consent .. 148. 4. Committee of the Whole Reports .. 149. 5. Dissenting or Minority Reports .. 149. 6. Special, Interim, and Investigative Committees .. 149. Components of a Committee 149. 1. Heading.